NATTHU SINGH CHAUHAN Vs. STATE OF MP

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution, seeking a direction to the respondents to modify the Pension Payment Order (PPO) dated 17.1.2012 by treating him as Asstt. Engineer with further direction to pay him the attendant benefits.

(2.) BRIEF facts necessary for adjudication of this matter are that the petitioner while working as Sub Engineer was promoted by order dated 10.7.2003 (Annexure P/2) as Asstt. Engineer. The post of Asstt. Engineer carries the pay scale of Rs. 8000 -275 -13500. The promotion order dated 10.7.2003 was cancelled by the respondents on 13.7.2007, Annexure P -3. The petitioner feeling aggrieved by the aforesaid cancellation order preferred a Writ Petition No. 4533/2007 (S) before this Bench. The notices were issued in the said writ petition on 25.9.2007. As an interim measure, the effect and operation of the order of cancellation of promotion dated 13.7.2007 was stayed by this Court.

(3.) MRS . Nidhi Patankar, learned Govt. Advocate on the other side opposed the said relief. She submits that WP No. 4533/2007 was dismissed as infructuous. On dismissal of this petition, the interim order stood vacated automatically. Accordingly, the reversion order came into force. The petitioner is not entitled for the benefits which accrued on the basis of interim relief granted in the said petition.