High CourtsSingle Bench(2019) 02 CHH CK 0515

Kumait Ram Shandilya vs State Of Chhattisgarh And Ors

Chhattisgarh High Court · Decided on 27 February 2019

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S) No. 1384 Of 2019

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Judgment

16 paragraphs · 317 words

P. Sam Koshy, J

1.

The grievance of the petitioner in the present writ petition is that since the petitioner has an order in his favour from this Court in WP No.

2351/2003 decided on 27.04.2012, wherein the order of dismissal was set-aside and the petitioner was granted the benefit of reinstatement with all

consequential benefits and the High Court while deciding the writ petition had ordered that since the petitioner had crossed the age of superannuation,

he should be given the benefit of salary and other retiral dues on the basis, as if the petitioner had been in continuous service from the date of removal

till the date of his crossing the age of superannuation.

2.

Counsel for the petitioner submits that though the respondents have partly complied with the order, but the petitioner has been deprived of his

consequential relief in as much as the petitioner has not been given the periodical benefits of the higher pay scale and other similar benefits, which has

been granted to the persons, who were immediate juniors to the petitioner.

3.

The petitioner further submits that in this regard, the petitioner has already made a representation to the respondent No.1 on 18.01.2016 and the

reminder of which was also sent on 06.09.2017, but till date no decisions have been taken.

4.

Given the said facts, let the respondents No.1 & 2 take a decision on the representation of the petitioner.

5.

It is expected that the respondents would compare the case of the petitioner at par with his immediate junior and the petitioner would be granted the

similar benefits that has been paid to his immediate juniors.

6.

Let a decision be taken by the respondents No.1 & 2 preferably within a period of 4 months from the date of receipt of the copy of this order.

7.

With the aforesaid observations, the present writ petition stands disposed off.