STATE OF M P Vs. RAMESH CHAND SAGAR

JUDGEMENT

(1.) State has filed this writ appeal being aggrieved by order dated 1.12.2016 passed in Writ Petition No.2239/2009 whereby learned Single Judge has allowed the Writ Petition filed by the petitioner claiming difference of salary on account of petitioner being granted retrospective promotion on the post of Assistant Engineer.

(2.) It is submitted by the learned Govt. Advocate for the appellants that learned Single Judge has fell in error in not considering the scope of judicial review and should not have interfered with departmental action in denying the difference of salary. It is also submitted that writ petition was filed after lapse of more than eight years after attaining the age of superannuation, and therefore, writ petition should have been dismissed on the ground of delay and laches alone. It is also submitted that in any case, for the delay on the part of the petitioner in approaching the Court claiming difference of salary, interest at the rate of 9% could not have been awarded and on these grounds impugned order has been assailed.

(3.) It is not in dispute that petitioner was appointed as Overseer vide order dated 3rd February, 1970 and he belongs to scheduled caste category. Thereafter his juniors were promoted to the post of Assistant Engineer vide order dated 11th June, 1992, 26th August, 1992, 17th December, 2013 and 7th May, 1994. Thereafter, petitioner filed O.A.No.689/93 which was transferred to High Court on abolition of the State Administrative Tribunal and registered as W.P.No.2959/2003. This writ petition was disposed of vide order dated 5.7.2005 in which it has been noted that during pendency of the O.A. petitioner was promoted to the post of Assistant Engineer (Civil) vide order dated 11.8.1998 and as per this order his seniority was restored and he was given promotion retrospectively by fixing his seniority over the juniors who superseded the petitioner. However, while promoting the petitioner from the back date, he was denied back-wages. The Writ Petition was disposed of with a liberty to the petitioner that he is free to make fresh representation for back-wages and any other grievance which is not decided by the State Government and if such representation is filed, then the State Government shall consider the grievance of the petitioner and pass appropriate orders.