BHAGWANDAS GOSWAMI Vs. STATE OF M.P.

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs:-

(2.) The brief facts leading to filing of this case are that the petitioner was initially appointed on the post of Assistant Samiti Prabandhak in the establishment of respondent No.4/Society on 11/03/1977 (Annexure P/1). The respondent No.4/Society took a decision to grant the pay scale payable to "B" Grade Bank employee to the petitioner vide letter dated 22/10/1982. On 03/12/1982, the Deputy Registrar, being a Registrar of such society approved the decision of the society and petitioner's services were terminated without holding any enquiry and without extending any opportunity of hearing vide order dated 10/01/1986. However, respondent No.4 had stopped the payment of salary to the petitioner w.e.f. 01/11/1983. Being aggrieved, the petitioner filed a service dispute under Section 55(2) of M.P. Cooperative Societies Act (hereinafter referred to as " the Act") claiming payment of withheld salary. But later on, since the petitioner was terminated, he amended the petition challenging the termination order and for direction to re-instate the petitioner in service with full back wages. The said petition was allowed after hearing both the parties. The petitioner was directed to be reinstated in service with full back wages w.e.f. 01/11/1983 vide order dated 16/07/1990 (Annexure P/2). The petitioner was reinstated back in service. He submitted letter dated 22/11/1991 before the Assistant Registrar to comply with the previous decision of the society to make the payment of salary payable to "B" Grade employee of the Bank for which Assistant Registrar had also given its stamp of approval. Respondent No.4 again sought clarification from the Assistant Registrar as to whether payment of salary as claimed by the petitioner is to be paid or not? The Assistant Registrar vide Annexure P/12 again directed them for fixing the pay of the petitioner as per earlier decision.

(3.) Being aggrieved, the respondent No.4/Society filed an appeal on 23/07/1992 before the Joint Registrar Cooperative Societies, Gwalior which was allowed and order of Assistant Registrar was set- aside vide order dated 21/07/1992 (Annexure P/3). Being aggrieved, the petitioner preferred second appeal before the Board of Revenue against the order passed by the Joint Registrar, in which the Board of Revenue vide order dated 16/09/1992 (Annexure P/4) stayed the effect and operation of the order passed by the Joint Registrar with clear observation that all benefits which were available to the petitioner as on 27/07/1992 be given to him. Again aggrieved, the respondent No.4/Society challenged the order of Board of Revenue by filing Misc. Petition No.1444/1991 before this Court challenging the interim relief granted by the Board of Revenue to the petitioner. The said petition was disposed of finally vide order dated 23/08/1991 with a direction to the Joint Registrar to decide the appeal within a period of two months with further stipulation that the petitioner shall continue in service and shall be entitled to get Rs.5,000/- per month as a part of back wages. The respondent No.4, in compliance of the order dated 23/08/1991, paid part of the back wages to the petitioner till disposal of the second appeal pending before the Board of Revenue. Vide order dated 20/07/1993, the Board of Revenue allowed the second appeal filed by the petitioner and upheld the order of the Assistant Registrar by which the petitioner was ordered to be reinstated back in service with full back wages.