SURENDRA KUMAR GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This matter has a chequred history. The petitioner has fought a long drawn battle in the corridors of court.

(2.) Draped in brevity, the facts are that the petitioner was initially appointed as a part-time Teacher on 207.1991. The respondents issued a Circular dated 20.01.1998 and directed to consider the cases of part-time Teachers on the post of Lecturer or on the post of Laboratory Assistant (Science) as per their eligibility. This Circular was followed by another Circular dated 23.05.1998. Since petitioner was not considered for the post of Lab Assistant, he filed O.A. No.986/1999 before the M.P. Administrative Tribunal (Tribunal). In the meantime, petitioner was also dismissed from service from the post of part-time Teacher. The Tribunal passed the order dated 20.01.2000 (Annexure P-8), which shows that no interference was made against the order dated 21.09.1999, whereby petitioner's services were dispensed with, but directions were issued to consider the case of applicant for appointment as Laboratory Assistant in the light of aforesaid government policies. It was further directed to take a decision expeditiously. Shri Tamrakar submits that no decision was taken by the respondents regarding the aforesaid claim of the petitioner. His contempt petition M.A. No.10/2001 was not entertained by the tribunal on 27.10.2001. Hence the petitioner filed another O.A. No.802/2002 before the tribunal, which on abolishment of the tribunal was transferred to this Court and was re-registered as W.P. No.19116/2003 decided on 14.10.2008. Shri Tamrakar relied on the operative portion of this order passed by the High Court.

(3.) It is contended that even this order passed in aforesaid writ petition was not complied with because of which petitioner filed contempt petition No.1090/2009 in which order dated 16.05.2012 was passed. This Court expressed that if compliance report is not filed, the Court may take coercive action against the respondents for committing contempt of this Court. After passing of this order only, the order dated 26.7.2012 (Annexure P-12) was passed whereby petitioner was appointed as Lab Assistant on the basis of aforesaid policies with effect from the date of joining of the petitioner.