SADHULAL PRAJAPATI Vs. STATE FO M P

JUDGEMENT

(1.) THE petitioner before this Court who is serving as Dy. Collector in the State of M.P. has filed this present petition claiming promotion to the post of Dy. Collector w.e.f. 29.9.2002.

(2.) THE contention of the petitioner is that he belongs to Scheduled Caste and was initially appointed to the post of Assistant Superintendent Land Records on 7.4.1986. The petitioner has further stated that he was superseded in the year 1993 and the petitioner being aggrieved by super- session, has preferred an original application before the then M.P. State Administrative Tribunal and the same was transferred to this Court after abolition of the M.P. State Administrative Tribunal. The petitioner's contention is that this Court has allowed the original application preferred by the petitioner by directing the respondents to hold a review DPC to consider the case of the petitioner for promotion w.e.f. 1993. The petitioner has further stated that he was considered by the respondents afresh as directed by the Court and an order was issued on 10.12.2004 promoting the petitioner as Superintendent of Land Records w.e.f. 17.6.1993. However, arrears of salary were not granted to the petitioner by applying principle of 'no work no pay'. The petitioner's contention is that his juniors, who were junior to the petitioner in the cadre of Superintendent of Land Records have been promoted in the next higher post of Dy. Collector also and once he has been granted retrospective promotion w.e.f. 17.6.1993 he is entitled for retrospective seniority as well as for promotion w.e.f. 2002 to the post of Dy. Collector.

(3.) HEARD learned Counsel for the parties at length and perused the record. In the present case, the petitioner was initially superseded in the year 1993. This Court in the earlier round of litigation by order dt. 11.2.2004 has allowed the writ petition preferred by the petitioner and the following order was passed by this Court:-