M.P.Singh Bargoti vs State Of Madhya Pradesh & Anr

Since the order of the Tribunal dated 11.03.1998 was not challenged by any one and attained finality, the case of the appellant deserves to be considered on the basis of facts noted in paragraph 1 of that order and the relief granted in paragraphs 8 and 9 of that order. They are as follows :

The appellant preferred a Misc. Application bearing No.113 of 1998 before the Tribunal which was heard along with another O.A. bearing No.1122/2000 filed by other Inspectors. The Tribunal dismissed the applications vide order dated 26.02.2001 by holding that the appellant failed to show that the order of the Tribunal dated 11.03.1998 had been ignored or violated. The Tribunal further took a technical stand that no person was impleaded as a party whose promotion could cause a grievance to the appellant. The appellant challenged the order of the Tribunal dated 26.02.2001 through a writ petition which has been dismissed by the order under appeal dated 15.10.2007. The High Court relied upon the observations of the Tribunal and came to an opinion that in the absence of any allegation regarding non- consideration in the Departmental Promotion Committee, supersession by juniors as well as absence of any challenge to the orders of the Tribunal passed in O.A.Nos.817 and 818 of 1998, the writ petition deserved to be dismissed as misconceived and meritless.

We have carefully considered the rival contentions, the relevant facts and the prevailing rules governing promotion at the relevant time. There is no dispute that despite directions passed since 15.06.1993 by the Tribunal and lastly reiterated in the case of the appellant on 11.03.1998, a Combined Gradation List was not prepared at the appropriate time and ultimately when it was prepared to show compliance with the order of the Tribunal, it was never acted upon because the subsequent directions of the Tribunal for amendment of rules was preferred by the State and the claim of the appellant was never considered by the Departmental Promotion Committee till he was in service or even thereafter when person like Mr. V.N. Dubey who was junior to the appellant in the Combined Gradation List was considered allegedly on the basis of another subsequent gradation list and promoted with effect from a date when the appellant was still in service. In the aforesaid circumstances, in our considered view, the Tribunal and the High Court erred in law as well as on facts in denying relief to the appellant. The position would have been different if appellant's junior had been promoted from a date subsequent to his superannuation. Then appellant would have suffered only on account of passage of time or innocuous delay but in the present facts he has suffered hostile and arbitrary discrimination vis--vis a junior. The order under appeal is therefore set aside. Since the appellant was in service only till 31.03.1998, he is held entitled to notional promotion to the post of Deputy Superintendent of Police w.e.f. 29.05.1997 till 31.03.1998. He will be deemed to have superannuated on that post and shall be given all the post retirement benefits by re-calculating the same on the premise that he held the post of Deputy Superintendent of Police from 29.05.1997 till his superannuation on 31.03.1998. The revised pensionary benefits as well as arrears on that account should be made available to the appellant at the earliest and in any case within three months from the date of this order. The appellant is held entitled to a consolidated cost of Rs.50,000/- which should also be paid along with other benefits within the time indicated above. The appeal is allowed to the aforesaid extent.

November 27, 2014.

Date : 27/11/2014 This appeal was called on for hearing today.

CORAM :