C.K. SRIVASTAVA Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner is 73 years old retired employee and had filed this writ petition in the year 2007, claiming salary and promotion on the post of Physiotherapist.

(2.) Even though petition is pending since more than 5 years and is listed for final hearing, Respondents have not filed any reply and No. justification is given for avoiding reply. Keeping in view this factor matter is heard on the basis of material available on record.

(3.) Petitioner was initially appointed as Class-III Non-Gazette Services under the Department of Health, Government of M.P., he was initially working as non-medical supervisor, while so working finding the Petitioner to be suitable and efficient, he was sent to undergo 10 months training as a physiotherapist and accordingly an order Annexure P-2 was passed on 2.9.1971 directing the Petitioner to undergo the aforesaid training. The Petitioner undertook the training in the Central Leprosy Teaching and Research Institute Tamil Nadu between 9.10.1972 to 8.8.1973 and after completing the training/course, certificate Annexure P-3 was issued. On returning back from the course to which the Petitioner was sent by the relieving order Annexure P-4, an order was passed by the competent authority of the State Government vide Annexure A-5 on 9.11.1982 posting the Petitioner as Physiotherapist in the Leprosy Training Centre at Sehore. According to Petitioner right from the year 1982 Petitioner started discharging duties of physiotherapist in the centre in question and continued to work so till his retirement in the year 1998. While Petitioner was in service he submitted various representations seeking his regular promotion to the post of Physiotherapist and salary on the said post. However, when this was not granted to him he filed an application under Section 19 of the Administrative Tribunal Act before the M.P. State Administrative Tribunal, Bhopal being O.A. No. 105/98 and after winding up of the Tribunal the matter was transferred to this Court and was registered as W.P. No. 23870/2003 and vide order dated 20.2.2004 Annexure P-11 a Bench of this Court directed the Respondents to decide the claim of Petitioner. Accordingly the claim of Petitioner having being rejected vide Annexure P-1 on 18.7.2007 Petitioner has again filed this writ petition.