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Madhya Pradesh High Court · body

2009 DIGILAW 728 (MP)

Banarasi Rai v. State of M. P.

2009-06-24

K.K.LAHOTI, K.S.CHAUHAN

body2009
ORDER 1. I.A.No. 593012009 for modification of order dated 24.4.2009. 2. By this application appellant is seeking indulgence of this Court for modification of order on the ground that after passing of order on 24.4.2009 the respondents have issued some orders which are affecting adversely to the appellant. It is submitted that certified copy of the order was applied on 24.4.2009, which was supplied to the appellant on 28.4.2009. The appellant immediately submitted copy of the order to all the concerned on 28.4.2009 itself, but received an order thereafter Document -3 dated 27.4.2009, by which the appellant was down graded in the seniority as he was treated as Assistant Grade-III, while on 24.2.2009 appellant was Accountant and employee of Grade-II. It is submitted that the status as on the date of order viz, 24.4.2009 be directed and the respondents be directed to act accordingly. 3. During the course of argument learned counsel for appellant submitted that the appellant was under suspension on the date when the order dated 24.4.2009 was passed and he was getting only subsistence allowance. As the appellant was suspended from the post of Accountant, so the subsistence allowance was fixed as per the pay of Accountant. 4. Shri G.P. Singh, learned G.A. opposed the prayer. Shri Singh submitted that before communication of ad-interim writ on the respondents the order Document-3 was passed, so there is no necessity to revert the position and in case appellant succeeds he will get all emoluments as per entitlement. 5. From the perusal of aforesaid fact that on 24.4.2009 the Court passed following orders:" "24.4.2009 Shri R.K. Verma, counsel for appellant, Admit. Issue notice to the respondents. Steps within a period of one week by R.A.D. I.A. No. 4085/09 for stay. Notice of this application is accepted by Shri Vivekanand Awasthy, learned G.A. Shri Awasthy prays 10 days time to file reply. Prayer is allowed. Be listed for hearing in the 2nd week of May, 2009 Till next date of hearing, it is directed that status-quo as on today in respect of appellant's status be maintained by respondents. C.C., as per rules." 6. Admittedly, the respondents have issued order reverting the appellant from the post of Accountant to the post of Assistant Grade-III on 27.04.2009 after passing of order by this Court on 24.04.2009. C.C., as per rules." 6. Admittedly, the respondents have issued order reverting the appellant from the post of Accountant to the post of Assistant Grade-III on 27.04.2009 after passing of order by this Court on 24.04.2009. When this Court specifically directed respondents to maintain status quo as on 24.04.2009, the respondents immediately on getting information of the order ought to have maintained the position of appellant as on 24.04.2009, and could not have given effect to the order dated 27.04.2009, which was passed subsequently. 7. In these circumstances, it is directed that respondents shall maintain status-quo as was in existence on 24.04.2009 and accordingly subsistence allowance of appellant be paid. However appellant shall furnish an undertaking before the Civil Surgeon-cum-Chief Hospital Superintendent, Jabalpur that in case this appeal is dismissed, earlier order dated 24.04.2009 is varied or cancelled, the appellant shall deposit the difference of emoluments within a period of thirty days from the date of such an order. With the aforesaid modification I.A.No.5930/2009 is disposed of finally. 8.Issue notice to the respondents as directed earlier and thereafter the matter be listed before the appropriate Bench for consideration.