M. L. Patel (Mohan Lal Patel) vs State Of Chhattisgarh
2022 Latest Caselaw 3614 Chatt

                                         -1-


                                                                              NAFR
                 HIGH COURT OF CHHATTISGARH AT BILASPUR
                              WWPS No. 3498 of 2022
   1. M. L. Patel (Mohan Lal Patel) S/o Late B.R. Patel Aged About 67 Years
      R/o Hari Nagar, Near Jai Public School Durg, P.S. Mohan Nagar, Tahsil
      And Distt. Durg, Chhattisgarh                         ---- Petitioner

                                       Versus

   1. State Of Chhattisgarh Through- Secretary, Home (Police) Department,
      Raipur, Distt. Raipur

   2. Director General Of Police Police Head Quarter Raipur, Atal Nagar Naya
      Raipur, Distt. Raipur (C.G.)

   3. Inspector General Of Police Range- Durg, Distt. Durg (C.G.)

   4. Dy. I.G. And Senior Superintendent Of Police Durg, Distt. Durg, C.G.

   5. Joint Director Kosh, Lekha And Pension, Durg Division, Distt. Durg, C.G.

                                                            ---- Respondents

For Petitioner : Shri Rajkumar Gupta, Advocate.

      For State                      : Shri Ali Asgar, Dy. A.G.

                       Hon'ble Shri Justice P. Sam Koshy
                                Order on Board

13.05.2022   .

1. The grievance of the petitioner in the present writ petition is the

inaction on the part of the respondents in not implementing the order

of this Court in WP(S) No. 37/2012 decided on 09.12.2021 in its

letter and spirit.

2. The contention of the counsel for petitioner is that writ petition was,

assailing the order of major punishment dated 26.05.2007 whereby

the disciplinary authority has passed an order of stoppage of one

increment with cumulative effect, was set aside by the High Court

and the punishment was modified as a minor punishment of

stoppage of one annual increment for a period of one year.

3. As per learned counsel for the petitioner, pursuant to the allowing of

the said writ petition and the conversion of the major punishment into

a minor punishment, the respondents would have to provide

monetary benefits to the petitioner restoring his increment in-terms of

the minor punishment after a period of one year from the date, the

increment was withheld.

4. It was the further contention of the petitioner that if at all, if the

petitioner has been denied promotion because of the major

punishment that was imposed and which no longer exist and has

been quashed by the High Court, he would also have to be

considered for promotion at par with those persons who are his

immediate juniors and who have been considered for promotion. The

petitioner has already approached the respondents in this regard,

however, no decision as such has been taken by the authorities

concerned.

5. Given the said facts, the present writ petition as of now is disposed

of directing the respondents no. 2 to 4 to kindly consider the

grievance of the petitioner and to take an appropriate decision as

regard the benefits that the petitioner would otherwise be entitled for

in the light of the judgment of this Court in the case of WP(S) No.

37/2012 decided on 09.12.2021 and implications and consequences

arising thereon. The authorities would also have to consider so far as

the revision of pension and retiral dues payable to the petitioner as a

consequence of allowing of the said writ petition. Let the entire

exercise be carried out within a period of four months from the date

of receipt of copy of this order.

6. With the above observations, this writ petition stands finally disposed

of.

Sd/-

(P. Sam Koshy) Judge

Jyoti