BIRANGI BAI MARKAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CHALLENGING the orders passed by the respondents cancelling the promotion granted to petitioner by way of Kramonnatti, cancelling the selection grade granted to petitioner and taking certain further coercive steps vide orders Annexure A -9, A -11, A -14 and A -16 dated 18.3.1986, 18.6.1991, 31.3.1995 and 2.6.1998 this application was filed under Section 19 of the Administrative Tribunals Act before the Administrative Tribunal Madhya Pradesh in the year 1998. After winding up of Tribunal matter has been transferred to this Court and is registered as W.P. No.12935/2003. The original petition was filed in the year 1998 by Shri B.S. Markam who at the relevant time was working as Assistant Professor in Govt. College Dalli Rajuhara, District Durg, now in the State of Chattisgarh and at the relevant time in the state of M.P. As the impugned orders have been passed by the authorities of the M.P., when undivided state of M.P. included district Durg, which is now under Chattisgarh, this court has jurisdiction to deal with the matter.

(2.) RECORDS indicate that petitioner was placed under suspension for the period 17.12.1985 to 21.9.1993. During the period of suspension he was getting 50% subsistence allowance, now it is reported that the departmental enquiry conducted against the petitioner has been concluded and based on findings recorded in departmental enquiry punishment of stoppage of 3 increments without cumulative effect has been imposed vide Annexure P -6. However, grievance of petitioner in this writ petition is that while working in the department concerned he has been granted kramonnatti and higher pay -scale after completing 16 years of service vide order Annexure P -8 on 5.9.1985. He has been given kramonnatti on the higher pay scale of Professor and his name appears at Sr. No.23. The applicant was paid the higher pay -scale of Professor, but vide order Annexure P -9 dated 18.3.1986, kramonnatti granted had been withdrawn. Similarly vide order Annexure A -10 dated 18.4.1991 petitioner was given selection scale with effect from 1.1.86 and same is also cancelled vide Annexure A -11 dated 18.6.91. Petitioner was also granted further selection grade vide Annexure A -14 dated 31.3.95, but same has also been cancelled, the order of giving super scale has also been illegally cancelled. Grievance of petitioner is that the order impugned have been passed without hearing him and action is taking without issuing any show -cause notice. It is indicated that if the petitioner was proceeded against and action is taken because of the pendency of the department proceedings, but as departmental proceedings culminated with only stoppage of 3 increments without cumulative effect the same cannot have effect to deprive him the benefits of pay fixation, as indicated hereinabove.

(3.) AS far as state of M.P. is concerned nothing is forthcoming from the state as to why impugned action is taken against petitioner and why the benefit of kramonnatti granted has been withdrawn. During the pendency of petition the original petitioner Markam died and his legal heirs have been brought on record.