STATE OF M P Vs. LAXMI CHAND AWADHIYA

JUDGEMENT

(1.) THIS batch of writ petitions, being interconnected and interlinked, raising common grounds to assail the orders of the State Administrative Tribunal passed separately in individual cases, was heard together and is disposed of by this common order.

(2.) ORDINARILY when the matters are heard analogously the facts in one case are uncurtained and adumbrated but in this batch of cases we are inclined to exposit the facts in each case for the simple reason to a great extent, the facts in each case are similar but thereafter the facts have to be stated separately qua each case, so that the clarity holds sway and one is not compelled to get into a situation of labyrinth or imbroglio. Hence, we proceed to narrate.

(3.) IN W. P. No. 5510/2000, the respondent No. 1 Laxmi Chand Awadhiya feeling aggrieved by the order of compulsory retirement passed in accordance with Rule 42 of the Civil Service (Pension) Rules, 1976 (for brevity 'the Rule') read with F. R. 56 on 1-10-97, approached the State Administrative Tribunal in Original Application No. 3061/97. The aforesaid original application was heard alongwith other applications and the contentions of the petitioners therein was that the Screening Committee which was constituted to screen the cases of the likes of the petitioner was not properly constituted and the recommendations given by the said Committee suffered from the vice of coram non-judice and as a necessary corollary a final order passed by the State Government was indefensible. The Tribunal accepted the contentions raised by the applicants before it and came to hold that the defects creates a hollow in the action taken by the authorities of the State in passing the impugned order. Being of this view, the Tribunal quashed the order of compulsory retirement and directed the respondent to reinstate the petitioner forthwith and pay all consequential benefits till reinstatement within a period of six weeks from the date of receipt of the order after adjusting the amount already paid.