ASI ABDUL RASHID Vs. STATE & ORS

JUDGEMENT

(1.) The petitioner's plea is that when persons junior to him were promoted, his claims were not considered. He approached this Court. A writ petition was preferred by him. This writ petition bears No. SWP 726/94. The further fact is that the respondents did form a view that petitioner's claims were not properly considered when his juniors were promoted. Accordingly retrospective promotion was given to him with effect from 24.12.83. An order to this effect was passed on 12.4.1997. Lateron, this order came to be modified. The retrospective benefit was withdrawn. It is this order which is subject matter of challenge in this petition.

(2.) The writ petition stands admitted. Objections were preferred. Lateron opportunity was given to the respondents to file counter. This has not been done. Objections have been ordered to be treated as counter. The question which is required to be gone into is as to whether the petitioner was entitled to relief of retrospective promotion with effect from the date his juniors were promoted and as to whether the benefit once given could be withdrawn.

(3.) In the objections preferred by the State the admitted stand is that there was an out of court settlement and therefore the petitioner cannot raise the plea now raised by him.