PRADEEP MISHRA Vs. SECRETARY, STATE OF M.P.

JUDGEMENT

(1.) It is pointed out by Shri Choudhary that in this writ appeal, appellant is only challenging part of the order passed by the Writ Court denying backwages to the appellant after the impugned order of compulsory retirement was quashed by the learned Court. Learned counsel points out that identical writ appeals filed have been decided by a Coordinate Bench of this Court and a consolidated order-dated 21.9.2012 has been passed in various cases. Learned counsel produces a copy of the order and points out that in the matter of payment of backwages, the directions issued by the Coordinate Bench of this court in Writ Appeal No. 1075/2011 and other cases be applied and similar benefit extended to the present appellant also.

(2.) Even though Shri P.K. Mishra points out that the appellant has filed this petition after a long period of time and is now challenging the order passed by the writ Court in the year 2011, the fact remains that in the matter of granting relief to identically situated employees, parity has to be maintained and when a Coordinate Bench of this Court has granted certain relief to certain class of employees, then ground of delay should not come in the way of maintaining parity in the matter of grant of relief, particularly to retired employees. Keeping in view the same, the objections raised by Shri P.K. Mishra in the matter of delay is overruled.

(3.) We find that in Writ Appeal No.1075/2011 and other connected matter, after taking note of orders passed by Coordinate Bench of this Court in various other cases and of the Supreme Court, the following directions have been issued: