ft'3. "'r^T^^:"^; i:/ ;,'.,•;.'^-•.^'••^^TW?!:^. •t-r ..fe-^c ^?^"^. ( iiuU:C' ^ ^^-^^^A-^srtai ^CC^ ^z^/°S IN THE MADHXA PKADESH AIMINISTR&TTVE TRIBON&L BENCH__RAIPUR O.A. N0. _________ OB- 1998 APPLiay'l'P Dr. Manbaran Prasad Tiwari s/o Sfarl Balran Prasad Tiwari aged CCyears Ayurved Chilcitsa Adhikarl Govt. Ayarved Aushadhalaya Gataparkala Tahsil Khaira garh Distt. Eajnandgaon. VERSUS RESPOKDEHTS 1. State of Madhya Pradesh through secretary Public Healtft and Faniily Welfar^Departnent Govt. of M.P. Mantralaya Vsllabh Bhavan Bhopal» . 2. 2he Director of Indian System of Hedicine and Hoa»opathy M.P. Bbope 3. Dr. Vedram Dewaagan Ayur^sd Ghikitsa^ Adhikari Govt. Ayurved &ushadhalaya Pandi Sbaaker Distt. Bilaspur M.P. \ 4» Dr. C.P. Verma Ayurved Chik.ltsa Adbikari Govt. Ayur'wed Aushdhalaya Gatapar Lakshna Distt. Rajnandgaon. 5. Dr. Badri Prasad Soai Govt. Ayurved Aushadhalaya Gadiwado Bistt. Daniob. 6. Dr. Alka Kba-tri Govt. Ayurved Aushadha-- laya Sakari Distt. Jabalpur. 7. Dr. Harish Kunar Versia Govt. Ayuryed Aushadhalaya Gadawar Distt. aajgarh. 8. Dr. Mohanlal Jhanna Govt. Ayurved Aushadhalaya jamaRiakala Distt. Ratlam. 9. Dr. San-tosh Kuaar Joslii Govt. Ayurved Aushadhalaya Kamtha Distt. Ujjain. 10. Dr. Ramvllas Chaukase Ayurved ChikAtsa Adhikari Chhinda Dist-b. Seoni. -; 11. Dr. S.C. Soni Ayurved Chikitsa AdhikarJL Govt. Ayurved Ausbadhalaya Hiwari Distt. Macdla. 12. Bsc. Rajendra Kuinar Mishra Ayaryed Chikitsa Adhikari Qovt. Ayurved Aushadhalaya Kari Oistt. •I'ikaingarb. —2 — 13» Dr. Ramsharan Garg Ayurved Chikits^ Adhika- ri Qovt. Ayarved &Qshadbalaya Seeicar Bistt. Eewa. 14. DE. PurashBttaiBclas Qupta Ayurved Cbikitsa Adb-Ucari Govt. Aynryed AushadbalaTa Baibar Distt.. Blagha-t. 15. Dr. Siyaramaa Trivedi Ayurved Chikitsa Adhifcari Govt. Ayurved Asbadhalaya Mandwa Dist.t. Rewa. 16. Dr. A.K. Upadbadbyaya Ayarved Chikitsa Adhl.kari Govt. Ayuryed Aushadhalaya Todl Distt. Rajgarh. 17. Dr. Surendra Kumar Jaia Ayurved Chikits.a Adhikari Govt. Ayurved Aiishadhalaya Gajana Distt. 'Eikamgarh* 18* Or. Virendra Singh Baghel Ayarved Qaikltsa Adhikari Gov-fc. Ayurved Aushadhalaya Sihor^/ iy- Distt. Seoni.. 19* Dr. Satlshchand Ja.in Ayuryed Cbikitsa Adh* Govt. Ayurved Aushadhalaya Madal Nagod Disttv Sataa. 20. Dr. Raaikrishna Tiwari Govt. Ayurved Chlkitsa Adhlkari Govt. Ayurved Aushadhalaya Barelik- ala Distt. Satna. 21. Dr. Krishna Hurari Shama Ayurved Chikitsa Adhakari Govt. Ayurved Ausbadhalaya Taland Dis-tt. Ra-blan. 22. Dr. Ramkumar soni Ayurved Chikitsa Adhikari Govt. Ayuryed Aushadhalaya Aangaon Bsdu Distt. NarSAaghpur 23. Dr. Ashok Kuinar Tiwari Ayarved Chikitsa Adhlkari Govt. Ayuryed Ausbadhalaya Salora Dis-tt. Satna 24» Dr. Arun Ktunar Mlstara Govt Ayuryed Chikltsa Adhikari Hagol Distt. Bilaspar. 25. Dr. Mahesh Dutta Shama Govt. Ayuryed Aushadh alaya Hathnora Distt. Gwalior. 26. Dr. Madhava Prasad Agarwal Ayurved Chikitsa Adhiksri Ayurved Aushadhalaya Lunaheda Distt. Handsaar. 27. Dr. Kaisayan Prasad Mishra Ayur»ed Chikitsa Adhlkari. Govt. Ayurved Aushadhalaya Bilaspur Distt. Shabdol. — 3 — 9 k 28. Br. Arun Kiaaar Mishra Ayuryed Cbiki- tsa Adhikarl Govt. Ayurved Austeadha- laya Harotha Bistt, Raisen. 29. Dr. Chandra Sbekhar Yadava Ayuryed Cbl.ltitsa Aflhlkari Oovt. Ayuryed Ausbadhalaya Baialal Dis-fct. Kbargone. 30. Dr. R.K. Jripathi Ayurved Chikitsa Adhikari Govt. Ayurved Aushadhalaya Kharkbare Distt. Jabalpur 31» Dr. GaurisbaaKar Parasbar Ayurved Chilsitsa Adhllcari Govt. Ayurved Aushadhalaya Aaroiui Dlstt. Gwalior* 3 2. Dr. Bhulau Prasad Sbama Ayuryed Chilcitsa Adhikari Govt. Ayuryed Aushadhalaya Rajgamar Distt. Bllaspur. 33. Dr. Mannulala Shukla Ayuryed Chikitsa Govt. Ayuryed Aushadhalaya Goharapadar Distt. Raipur. 34» Dr« Ramadhar Sba»/r<i"a Ayurved Chiki-tsa Adhilcari Govt. Ayur?ed Aushadhalaya Sarsonka Distt. Sarguja* 35, Dr. Sukhnandan Singh Thakur Ayurved Chlkitsa Adhikarl Govt Ayurved Aushadhg.: dlaya Bundell Dlstt. Rajnandgaon. 36. Dr. Harishankar Dubey Ayurved Chlkltsa Adhikari Govt. Ayurved Aushadhalaya Koprachainpur Dist-fc. Sagar. 37. Dr* Motilal Sahu Ayurved Chikitsa Adhlkari Sov-t. Ayurved Aushadhalaya Katalbondi Digtt. Seoni. 38. Br. Suresb Kumar Shukla Ayarved Chikitsi\ AtahiKari Sovt. Ayurved Aushsdbalaya Dontajagir Distt. Dewas. 39. Dr. Ratancliandra Jaia Ayurved Cbikitsa Adhllcarl Govt. Ayurved Ausbadhalaya Khitaulu Distt. Jabalpur. 40. Dr. 0-ttaachandra Dubey Ayuryed Chikitsa Adhlkari Gov-t. Ayurved Aushadhalaya Gorakhpur Distt. Barsinghpur. 41. Dr. Halkebir Vecna Ayurved Cblkltsa Adblkari Govt. Ayuryed Aushadhalaya Umaria Shrinagar Distt. Nsrsinghpur. 4 — — 4 — . ^ ^) 42. Br. Harayan Prasad Pandey Ayuryed i ;j 1 "< CKikitsa Adhikari Sovt. Ayurved . ) Aushadhalaya Mushran Piparia Distt. ^ Narsinghpur* 43. Dr. Savishankar Panchauli Ayarved ^ Chikitsa Adhllcari Govt. Ayurved Aushadhalaya Shivpur Distt. Hoshanga- bad. 44. Dr. Ganesh Prasad Dubey Ayunred ! Cblkitsa Adhikari Govt. Ayurved Ausbadhal&ya Bhatkutti Distt. Hosbangabad. 45. Dr. Ramctaandra sankaley Ayurffed Chikitsa Adhilsari Govt .Ayurved Aushadhalaya Eoopdeh DAstt. Hosbangabad •a "19 >mi;< HIGH CQURT OF CHHATT1SGARH : BILASPUR APPLICANT RESPQNDENTS WRIT PETiTSON ?S) N0.2529/2005 Dr. Manharan Prasad Tiwari State of IViadhya Pradesh and others Sinale Bench: Hon'bie Shri Manindra MohatlShrivastava, J. Present:- Shri Prateek Sharma, counsel for the petitioner. Shri AJay Dwivedi, Deputy Govt. Advocate for the State/respondent No.1 . ORAL ORDER (Passed on this 15tn day of March, 2010) With the consent of learned counsel for the parties, the petition is heard finally. (2) Grievance of the petitioner as set out in the petition is that on account of delay in grant of appropriate seniority, the petitioner's case for promotion to the higher post could not be considered in time resulting in promotion of number of persons who were finally found junior to the petitioner. (3) While working as Assistant Ayurved Chikitsa Adhikari in Janpad Sabha, on account of taking over Janpad Aushadhalaya, the petitioner's case for absorption was considered. hitially, he was absorbed as Compounder. As the petitioner claimed absorption on the post of Assistant Ayurved Chikitsa Adhikari, a civi! suit was filed by the petitioner which was finally decided vide order dated 23-04-1988. Thereafter, order of absorption of the petitioner on the post of Assistant Ayurved Chikitsa Adhikari was passed on 15-02-1989 (Annexure A-2) and the petitioner was so absorbed with effect from 01-04-1981. In the provisional gradation list which was issued on 02-11-1981, the petitioner's name * did not find mention. On representation being made, name ofthe petitioner was placed at S.No.229 in the gradation list issued on 12-04-1993 (Annexure A-6). Aggrieved by this, the petitioner again made representation for assigning correct place in the gradation list. tn the gradation iist dated18-10-1993 (Annexure A-8), the petitioner was placed at S.No.221. Whi!e this situation prevailed and the petitioner had been representing for grant of correct seniority, vide order dated —2-- A 18/20-01-1^4 (Annexure A-1), respondents No.3 to 45 were promoted on the post of Assistant Ayurved Chikitsa Adhikari. Finally, vide order dated 20-02- 1995, considering representations ofthe petitioner, the petitioner was assigned correct placement at S.No.78 (A) in the gradation list. (4) The petitioner represented to respondent authorities ciaiming that on account of delay in deciding proper seniority, his case for promotion could not be considered when respondents No.3 to 45 were considered and promoted vide order dated 18/20-01-1994. The petitioner was finally promoted vide order dated 08-08-1997 (Annexure A-19) on the post of Assistant Ayurved Chikitsa Adhikari butwith effect from the date ofjoinihg. (5) Leamed counsel for the petitioner submits that once the petitioner was granted seniority as ciaimed by him placing him at S.No.78-A in the gradation list, it became clear that he was iliegally placed down-below in the gradation list. Learned counsel further submits that in such a situation, respondent authorities v/ere obliged under the law So consider the case of the petitioner for promotion from the date persons junior to him, were considered and final!y promoted vide orderdated 18/20-01-1994. (6) Per contra, learned StaSe counse! submits that though the petitioner was absorbed on the post of Assistant Ayurved Chikitsa Adhikari, order came to be passed tong after the judgment of the Civil Court and name of the petitioner was added in the gradation list at the bottom. He further submits that since case of the petitioner remained urider consideration, finally he was granted seniority as claimed by him and placed at S.No.78-A, and thereafter, he was granted promotion vide order dated 08-08-1997 (Annexure A-19). Learned State counsel submits that the petitioner is not entitled to any other relief as promotion cannot be claimed as of (7) I have considered rivai submissions made by learned counset for the parties. (8) !t cannot be disputed that pursuant to the judicial verdict in favour of the petitioner, he was absorbed on the post of Assistant Ayurved Chikitsa Adhikari vide order dated 15-02-1989. The claim of the petitioner that he was wrongly absorbed on the iower post found favour in judicial proceedings, and led to his 's.,. I \ } absorption on She post of Assistant Ayurved Chikitsa Adhikari. The deiay caused on the part of the respondents in absorbing the petitioner on the appropriate post feil heaviiy on him, as even though, he was finally absorbed on the post of Assistant Ayuri/ed Chikitsa Adhikari, respondents placed him at the bottom of the tist. It also cannot be disputed that after several representations made by the petitioner, the respondent authorities finally piaced the petitioner at S.No.78-A in the gradation list. This clearly shows that the petitioner was itlegally deprived of correct piacement in the seniority position and this position was conferred on him belatedly in the year 1995 vide order dated 20-02-1995 (Annexure A-9). As a necessary consequence of this order, respondent authorities were duty bound to consider the case of the petitioner for promotion to the post of Assistant Ayurved Chikitsa Adhikari as on the date all officers who were belowS.No.78 in the gradation list, were considered for promotion. Admittedly, vide order dated 18/20-01-1994 (Annexure A-1), respondents No.3 to 45 were promoted. A perusa! of the relevant gradation list would show that ali those offlcers whose name find place below S.No.78-A had superceded the petitioner. (9) !n this view of the matter, 1 am inciined to hotd that the petitioner is entitled to be considered for promotion on the date, respondents No.3 to 45 were considered and promoted vide ordsr dated 18/20-01-1%4 (Annexure A-1). Consequently, the petition is allowed. The respondent authorities are directed to consider the case of the petitioner for grant of promotion to the post of Assistant Ayurved Chikitsa Adhikari as on the date respondents No.3 to 45 were considered. If upon consideration the case of the petitioner for grant of promotion, he is found fit on the basis of criteria as was applied in case of respondents No.3 to 45, the petitioner shall be entitled to notional promotion as also fixation of pay, however, without actual financial benefits of arrears of pay. Needless to emphasize, benefits of notiona! promotion and fixation of pay shali be taken into consideration in the matter of pension of the petitioner, and if necessary, revision shall also take place. No orders as to cost. ^Aani sd/L Qhrivastava •^^•sw"'