JAGAT BAHADUR KHATRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The case, originated with a petition filed under Art. 226 of the Constitution of India.

(2.) The case has a chequered history. The petitioner has been claiming gazetted status in service since 23-4-1984. As his prayer was not entertained he had to approach up to the level of the Chief Minister and ultimately towards the middle of 1986 he was assured that his prayer for appointment in gazetted grade would be considered with retrospective effect as sought for by him but even thereafter no positive Government order was issued.

(3.) Therefore, he moved the Court with a writ petition which was registered as Civil Writ Petition No. 5 of 1994. It was disposed of on 1-6-1995 by a judgment passed by Justice S.N. Bhargava, Chief Justice of this Court. But the Govt. did not or could not provide redress to the petitioner in the manner as sought for by the petitioner and as directed by this Court. The petitioner found no other way but to approach this Court once again with the petitions which were registered as Civil Misc. Case No. 1 of 1996 and Crl. Misc. Case No. 1 of 1996. Both the petitions were disposed of by this Court by a common order dated 21-9-1996. There, a distinction was made between gazetted status and gazetted scale and by the said order the Slate respondent was asked to give the petitioner entry into the lowest gazetted scale w.e.f. 24-4-1984 with all benefits of increments, arrears etc.