RAMESH CHANDRA VERMA Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed, seeking the following reliefs:-

(2.) The necessary facts for the disposal of the present petition in short are that the petitioner was holding the post of Executive Engineer and at the relevant time, he was posted under the Chief Engineer, PWD, Gwalior. In the year 2000, w.e.f. 01/11/2000, the State of Chhattisgarh came into existence and the State of Madhya Pradesh was reorganized and accordingly, the Madhya Pradesh Reorganization Act,2000 was passed. A policy was formulated by the Government of MP in pursuance to the direction issued by the Government of India for allocation of employees between two States. The said policy was formulated under the provisions of Section 68 of the Madhya Pradesh Reorganization Act, 2000. A tentative allocation list was issued by the Government and according to which, the petitioner was allocated to the State of Chhattisgarh. It was the policy of the Government that the employees were granted liberty to make representation in case they were aggrieved by the allocation and only after issuance of final allocation list, the employees were to be relieved. It is submitted that the petitioner was tentatively allocated to the State of Chhattisgarh, against which the petitioner had made a representation. However, the petitioner was relieved by order dated 13/12/2000 for submitting his joining in the State of Chhattisgarh. The order of relieving was challenged by the petitioner before the MP State Administrative Tribunal, Jabalpur by filing Original Application No.7309/2000. During pendency of the said Original Application, the final allocation list was issued and the petitioner was allocated to the State of MP and accordingly, by order dated 08/03/2002, the petitioner was directed to immediately report to the Office of Engineer-in-Chief, Bhopal. As the final allocation list was issued, therefore, Original Application No.7309/2000, which was pending before the MP State Administrative Tribunal was finally disposed of as having become infructuous. Later on, the petitioner stood retired on 28/02/2009 after having attained the age of superannuation. Thereafter, the petitioner filed a writ petition before this Court, seeking prayer for grant of salary during the period 01/01/2001 to 14/03/2002 and the said petition was registered as Writ Petition No.2024/2015(S), which was disposed of by this Court by order dated 01/04/2014, with the following observations:-

(3.) Accordingly, a recommendation was made by the Office of Engineer-in-Chief to the Principal Secretary, PWD, Government of MP, Vallabh Bhawan, Bhopal by its letter dated 11/04/2016 (Annexure P8) that the petitioner had remained on unauthorized leave from 01/01/2001 to 14/03/2002 and, therefore, after adjusting the Earned Leave of 182 days and Half Pay Leave of 28 days, the remaining period of 228 days be declared as dies non. Accordingly, the respondent No.1 by order dated 09/08/2016 (Annexure P1) has held that the petitioner did not join in the State of Chhattisgarh after his release by order dated 13/12/2000 and he remained unauthorizedly absent from his duties without giving any information to the Department and thus, the petitioner had remained on unauthorized leave for 438 days and accordingly, the period of unauthorized absence from 01/01/2001 to 14/03/2002 was declared as dies non.