SUSHILA SINHA Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a writ filed originally before the State Administrative Tribunal (for brevity SAT) by the petitioner under section 19 of the Administrative Tribunal Act being OA. No. 248 of 1996. However, consequent upon the abolition of SAT the said O. A. was transferred to this Court for its disposal according to law. This is how, this O.A. came to be registered as writ petition No. 4908 of 2003. It may also be mentioned that this petition was dismissed under mistaken belief and on an incorrect statement made by the State counsel on 6.4.2004. However, later this Court by order dated 16.7.2004, passed in M.C.C. No. 265 of 2004 recalled the order dated 6.4.2004 and restored the petition for its disposal. This is how this petition was heard on merits after affording an opportunity to both the parties.

(2.) IN substance, the petitioner claims following reliefs as is clear from reliefs No. 9 (a), (b) and (c):

(3.) A right to claim all reliefs namely - notional promotion, refixation of seniority, pension etc. in clear terms arose to the petitioner atleast on 30.6.1989 i.e. the date on which the petitioner attained the age of superannuation. Similarly her right to claim seniority and promotion qua one Mr. H.D. Sharma arose when Mr. Sharma was given promotion prior to petitioner on 8.10.1989 (see return of the State, para 4).