ROHIT KUMAR SHARMA Vs. STATE OF MP

JUDGEMENT

(1.) This writ appeal is filed by the appellant-petitioner being aggrieved by a part of order dated 31/3/2009, passed by learned Single Judge of this Court in W.P.No. 2006/04 (s), whereby the writ petition filed by the petitioner challenging the order of treating the period from 24/4/98 to 23/8/2002 as dies-non was allowed and the said order (Annexure-P/1) dated 23rd August, 2002 was quashed without giving benefit of back-wages.

(2.) Brief facts of the case, are that the petitioner was appointed on the post of Asst. Grade-II in the Office of Regional Transport Office, Gwalior. He was compulsorily retired by order dated 24/4/98 along-with other employees. Number of employees including the present appellant-petitioner have approached to the State Administrative Tribunal by filing separate applications. One of the employees, namely, Shri Arjun Das Bansanta preferred an original application i.e. O.A.No. 445/98 which came up before the State Administrative Tribunal and the Tribunal by order dated 17.8.99 (Annexure P/8) set aside the order of compulsory retirement and directed the respondent to reinstate the petitioner with all consequential benefits.

(3.) Unfortunately, even though the petitioner has also filed separate application i.e. O.A.No. 431/98 which was prior to application filed by other employee, namely, Shri Arjun Das Bansanta, his case came up for hearing on 15.1.2002. The tribunal, this time passed an order and a large number of employees have been taken back by the respondents themselves and one order has been quashed by the tribunal i.e. in case of Shri Arjun Das Bansanta. The tribunal directed that the applicants to submit a representation alongwith a copy of order passed in Shri Arjun Das Bansanta case and directed the respondents to consider his representation with in two months of its receipt. If the representation is rejected, it has to be passed a speaking order and the applicants will have liberty to assail that order.