SANJEEV KIRTANE Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed the present petition being aggrieved by the action of the respondents whereby he has not granted the benefit of Senior Pay Scale from 1991 and Selection Grade w.e.f.1999 alongwith arrears.

(2.) Vide order dtd. 26/11/1981, this petitioner was appointed as Assistant Lecturer on 'adhoc' basis in the respondent No.3 institution. Thereafter, he was confirmed on the said post on 11/11/1982. Thereafter, he was made Lecturer w.e.f. 8/7/1983. According to the petitioner, he sought permission from the Chairman of the institute to join M.E. Course at S.G.S.I.T.S.. The petitioner was served with show cause notice dtd. 12/4/1991 alleging that he attended M.E. Course in S.G.S.I.T.S.Indore without obtaining requisite permission from the Department. The petitioner submitted reply which was found unsatisfactory, accordingly, charge sheet dtd. 27/5/1991 was issued. After enquiry petitioner was punished by way of penalty of withholding one increment without cumulative effect vide order dtd. 19/7/1993. However, the Board of Director decided to review the aforesaid punishment by reopening the case. The Board of Director proposed punishment of dismissal from service and accordingly vide order dtd. 22/9/1994, the petitioner was terminated from the services. Thereafter, petitioner preferred an appeal before the Appellate Authority. Vide order dtd. 31/7/1995, the Appellate Authority remanded matter back to the Board for reconsideration. The Board of Director affirmed its earlier order of dismissal. The petitioner again preferred an Departmental Appeal but same was dismissed vide order dtd. 16/8/1996.

(3.) Being aggrieved by the aforesaid dismissal of appeal, the petitioner preferred Writ Petition No.1249/1996. This Court set aside the order passed by Appellate Authority vide order dtd. 24/4/1998 remanded the matter to the Appellate Authority but again order of dismissal was affirmed. The petitioner again approached this Court by way of Writ Petition No.1632/2018. Vide order dtd. 1/3/2005, the Writ Petition was allowed, order of termination was set aside with direction to reinstate him into services. So far as back wages is concerned, this Court directed the respondents to hold enquiry and decided the amount to be paid towards the back wages.