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2005 DIGILAW 1255 (MP)

S. C. Gupta v. State of M. P.

2005-12-07

A.K.SHRIVASTAVA

body2005
ORDER 1. This petition was originally tiled before the M.P. State Administrative Tribunal at Jabalpur on 20.9.1990. However, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication. 2. By this petition the petitioner is seeking relief of correction of the gradation list Annexure A-4 dated 5.11.1977 incorrectly placing the petitioner below respondent No.3 with all consequential benefits. 3. During the pendency of this petition, petitioner as well as respondent No.3 have retired. 4. It has been vehemently argued by Shri Nema learned counsel for the petitioner that respondent No.3 was promoted on the post of Regional Librarian in the year 1968 and. Therefore, the action of respondent No. 1 was challenged by one Mushtaq Ahmad Qureshi by filing Civil Suit No. 260-A/82 before the Second Additional Civil Judge. Class II, Bhopal. The suit was dismissed on 21.11.1983. The plaintiff Mushtaq Ahmad Qureshi assailed the judgment of dismissal of his suit by preferring a regular appeal before the First Additional District Judge. Bhopal in Civil Appeal No. 133-A/183 which was allowed on 21.8.1984 and the suit of Mushtaq Ahmed Qureshi was decreed and it was held that R.P. Tiwari, who is respondent No. 3 in this petition and who was also arayed as defendant No.2 in the civil suit, his promotion order dated 12.11.1968 was declared to be void and in-executable. The learned First Additional District Judge further directed that plaintiff Mushtaq Ahmad Qureshi is entitled for promotion to the post of Regional Librarian in the pay scale of Rs. 275-475. The judgment and decree passed by the first appellate Court was assailed by R.P. Tiwari. respondent No.3 in this petition, by filing second appeal before this Court which was registered as S.A. No. 502/84. This Court vide its order dated 11.4.1991 dismissed the appeal of respondent No.3 and affirmed the judgment and decree passed by the first appellate Court. 5. The contention of Shri Nema, learned counsel for the petitioner is that since as per gradation list Annexure A-4 Mushtaq Ahmad Qureshi is junior to the petitioner and he has been directed to be promoted on the post of Regional Librarian, therefore, the petitioner is also entitled for promotion w.e.f. the date when Mushtaq Ahmad Qureshi was promoted. 6. 5. The contention of Shri Nema, learned counsel for the petitioner is that since as per gradation list Annexure A-4 Mushtaq Ahmad Qureshi is junior to the petitioner and he has been directed to be promoted on the post of Regional Librarian, therefore, the petitioner is also entitled for promotion w.e.f. the date when Mushtaq Ahmad Qureshi was promoted. 6. It has also been pointed out that despite the promotion order of respondent No.3 was declared to be null and void respondent No. 1 again promoted him on the post of Regional Librarian and thereafter on the post of Deputy Director. According to learned counsel, respondent No.3 was promoted on the post of Deputy Director on 10th August, 1990. Thus it has been contended by the learned counsel for the petitioner that since Mushtaq Ahmad Qureshi, who is admittedly junior to the petitioner and he has been promoted to the post of Regional Librarian, therefore, the petitioner is also entitled for the same relief from the date when Mushtaq Ahmad Qureshi was promoted. 7. On the other hand, Shri Agnihotri, learned Government Advocate has submitted that after the decision in the civil suit first of all respondent No.3 was reverted and thereafter .again he was promoted to the post of Regional Librarian and later on to the post of Deputy Director. According to the learned Government Advocate the action of respondent No. 1 cannot be said to be erroneous. 8. After having heard learned counsel for the parties, I am of the view that this petition deserves to be allowed. 9. The promotion order of R.P. Tiwari (Respondent No.3) was challenged by one Mushtaq Ahmad Qureshi by filing a civil suit and the said civil suit was decreed by the first appellate Court and it was declared that Mushtaq Ahmad Qureshi was entitled for promotion on the post of Regional Librarian and the promotion order of respondent No. 3 was declared to be null and void. On going through the judgment passed by the appellate Court it is gathered that the appellate Court directed to give benefit of promotion to all relevant employees. This Court dismissed Second Appeal No. 502/84 filed by respondent No. 3 R.P. Tiwari on 11.4.1991. On going through the judgment passed by the appellate Court it is gathered that the appellate Court directed to give benefit of promotion to all relevant employees. This Court dismissed Second Appeal No. 502/84 filed by respondent No. 3 R.P. Tiwari on 11.4.1991. Mushtaq Ahmad Qureshi has been given benefit of promotion on the post of Regional Librarian and further to the post of Deputy Director, as per Annexure A-4 which is gradation list since, Mushtaq Ahmad Qureshi is junior to the present petitioner the view of this Court is the petitioner is also entitled for the same relief which was given to Mushtaq Ahmad Qureshi. 10. During the pendency of this petition, petitioner as well as respondent No. 3 have retired. 11. Eventually, this petition succeeds and is hereby allowed. Normally the Court refrains itself by directly passing the order of promotion However, looking to the fact that petitioner and respondent No.3 R.P. Tiwari as well as Mushtaq Ahmad Qureshi have already retired, the respondent No. 1 is hereby directed to promote the petitioner on the post of Regional Librarian w.e.f. the date on which Mushtaq Ahmad Qureshi was promoted and difference of wages be paid to him. The case of petitioner for further promotion to the post of Deputy Director be also considered w.e.f. 10.8.1990 the date when respondent No.3 was promoted and if the petitioner is found fit for promotion, necessary order in that regard may be passed with all consequential benefits. Let difference of wages be paid to the petitioner of the post of Regional Librarian on or before 31.5.2006 failing which the petitioner shall be entitled for the interest at the rate of 6% per annum w.e.f. 1.6.2006.