STATE OF M P Vs. BHERUSINGH

JUDGEMENT

(1.) Heard on I.A. No. 747/2008, an application for condonation of delay. This writ appeal has been filed against the judgment dated 18-1-2007 passed in W.P. No. 59/2004 whereby, the appellants have been directed to release the benefits of FR 22-D (Fundamental Rules) in favour of the respondents for the period 1-11-1995 to 12-10-1998 and the consequential benefits to the respondents alongwith interest at the rate of 18% per annum.

(2.) It is the case of the appellants that the respondent herein was initially appointed as Forest Guard and sent for training. He got completed the training by 30-10-1995. As per the recommendations made by the DPC for promotion as Forester on the vacant post at Dewas, the order of posting dated 13-3-1996 (Annexure P-3) was passed. On joining the duties, the respondent performed the work on the post of Forester and also performed the duties of the higher responsibilities as Annexure A-11. According to the appellants, the order of promotion in respect of the respondent was issued only w.e.f. 31-3-1998 and the pay as per FR 22-D was fixed vide Annexure R-1 w.e.f. 1-3-1999 whereas, the respondent wanted fixation of higher pay w.e.f. 13-3-1996 on the basis of Annexure P-3, which it is submitted was not the order of promotion. However, the learned Single Judge passed an order in favour of the respondent.

(3.) While disposing of the writ petition some observations were made in the said order which are relevant for the purpose of appreciating the case of the parties are reproduced here as under:--