ANSUIYA PARASTE Vs. SATATE OF M.P.

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, a prayer is made to issue a direction to the respondents to make payment of arrears of salary to the petitioner with effect from 22.12.2003 to 17.10.2004 as also the difference in pension, arrears of pension and other retiral dues with interest. A compensation is also demanded for the inordinate delay of making payment of aforesaid claims despite the direction of this Court in Writ Appeal No. 723/2006.

(2.) IT is the claim of the petitioner that she was made to work as Incharge Director Medical Services. It is contended by the petitioner that though a post was earmarked for the candidate belonging to Scheduled Tribe Category, yet when case of the petitioner was considered, she was not promoted. The junior and ineligible persons were posted as Director. The petitioner was required to approach this Court by filing Writ Petition No. 2045/2003 which was dismissed by a Single Bench of this Court on 12.2.2004. The petitioner was required to file a Writ Appeal against the said order being Writ Appeal No. 723/2006, which was finally heard on 21.6.2007. The Division Bench of this Court came to the conclusion that though in the Departmental Promotion Committee held on 16.9.2003, the petitioner was also found fit for promotion on the post of Director Medical Services, but instead of issuing any order of promotion in her respect, the orders were issued in respect of the respondent No. 2 on 19.9.2003. It was contended by the respondent/State that such an action was taken because a Model Code of Conduct became enforceable and under the directions of the Election Commission, the order of promotion was not issued in respect of the petitioner and because of this on 22.12.2003, officiating charge of the post of Director, Kamla. Nehru Hospital, Bhopal, was given to the petitioner and when subsequently the Model Code of Conduct was released, regular promotion order was issued on 18.10.2004. The Division Bench of this Court has categorically held that the petitioner would be deemed to be promoted on the post of Director Kamla Nehru Hospital, Bhopal, With effect from 22.12.2003 on regular basis and she was entitled to all benefits of the said promotion. The appeal of the petitioner was, thus, allowed.

(3.) THIS Court issued the notices to the respondents in this writ petition and even after service of the notice, no return was filed.