Ramlakhan Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 188 MP

HIGH COURT OF MADHYA PRADESH CONC.No.1445/2020 (Ramlakhan Sharma Vs. Dr. Rajesh Rajora and others)

Gwalior, Dated : 24.02.2021

Shri S.K.Shrivastava, learned counsel for the petitioner.

Shri Ankur Modi, learned counsel for the contemnors.

After hearing at length, as the counsel appearing for the

contemnors could not point out the fact that in pursuance to the order

dated 12.11.2020 whereby out of turn promotion of the petitioner was

expected. He could not demonstrate the fact that in pursuance to this

order where the posting is being granted to the petitioner where he has

to join on the promoted post.

Counsel for the contemnors prays for two days' time to ascertain

the aforesaid aspect.

As far as the claim of denial of back wages is concerned, he has

argued on the basis of judgment passed by the Hon'ble Supreme Court

in the case of State of Haryana and others Vs. O. P.Gupta, 1996 (7)

SCC 533 and has argued that merely mentioning that the petitioner is

entitled for all consequential benefits in the order does not entitle him

to claim back wages. There should be a specific directions as far as the

grant of back wages is concerned for which some exercises is required

to be done by the authorities. Until and unless the specific directions

are there, the discretion to grant the back wages is on the authorities.

The authorities have considered it and has rejected the claim of the

back wages. He has also placed reliance the judgment passed by the

HIGH COURT OF MADHYA PRADESH CONC.No.1445/2020 (Ramlakhan Sharma Vs. Dr. Rajesh Rajora and others)

High Court of Punjab and Haryana in the case of Amarjeet Singh Vs.

Jai Singh Gill and Ors. reported in 2005 (1) SLR 763. He is further

directed to seek instructions with respect to the extension of the

benefits with respect to back wages by the authorities or the authorities

are speaking to the arguments and the order passed by them dated

12.11.2020 and are not willing to extend the benefits of the back wages

to the petitioner. Needful be done within two working days.

List the case on 27.02.2021.

                                                (Vishal Mishra)
AK/-                                                Judge
        ANAND KUMAR
        2021.02.25
        10:42:49 +05'30'