Anand Mohan Saxena vs Shri Yogendra Kumar Saxena
2023 Latest Caselaw 17199 MP

                                                             1
                            IN     THE         HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                                ON THE 16 th OF OCTOBER, 2023
                                         CONTEMPT PETITION CIVIL No. 2621 of 2022

                           BETWEEN:-
                           ANAND MOHAN SAXENA S/O LATE SHRI RAGHU NATH
                           SAHAY SAXENA, AGED 74 YEARS, PENSIONER, 17/23
                           HOLIPURA, DATIA, DISTRICT DATIA (MADHYA
                           PRADESH)

                                                                                         .....PETITIONER
                           (BY SHRI O.P. SAXENA - ADVOCATE)

                           AND
                           1.    SHRI YOGENDRA KUMAR SAXENA, JOINT
                                 DIRECTOR   TREASURY   AND ACCOUNTS,
                                 GWALIOR (MADHYA PRADESH).

                           2.    SHRI SHIV CHARAN SHRIVASTAVA, DISTRICT
                                 TREASURY OFFICER, DISTRICT DATIA, DATIA
                                 (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI B.P.S. CHOUHAN - ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the

                           following:
                                                              ORDER

Respondent no.2 is present in person in compliance of earlier order dated 11/10/2023.

2. This Contempt Petition has been preferred against non-compliance of the order dated 9/6/2022 passed by the coordinate Bench of this Court in Writ Petition No.19181/2019, whereby petitioner's petition was disposed of in following terms:-

Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 10/17/2023 5:47:08 PM

13. So far as other reliefs are concerned, no case is made out for grant of said reliefs. Therefore, petition sans merits and is hereby dismissed. However, it is made clear that benefits as flowing from the judgment dated 18.08.2009 passed in Writ Appeal No.242/2008 shall be accorded to the petitioner without any fail.

14. Petition stands dismissed in above terms.

3. It is apparent from the order dated 18/8/2009 passed by the Division Bench of this Court in Writ Appeal No.242/2008 that petitioner was initially appointed on the post of Lower Division Clerk on 28/4/1973 and was promoted to the post of Accounts Assistant vide order dated 23/12/2002 w.e.f.6/9/1999,

but he was denied all the monetary benefits on the principle of "No Work, No Pay". The petitioner approached this Court stating that his juniors were promoted to the post of Accounts Assistant on 6/9/1999 and without any reason he was denied the promotion upto 23/12/2002. As the order promoting the petitioner on 23/12/2002 did not assign any reason why he was not promoted in the year 1999 when his juniors were promoted, therefore, while allowing his appeal respondents were directed to grant all monetary benefits to the petitioner within a period of four months from the date of the order.

4. Learned counsel for the respondents submits that in compliance of the aforesaid order, vide order dated 6/1/2011 benefit of promotional post since 6/9/1999 to 23/2/2002 has also been given to him. Order has fully been complied with, therefore, nothing survives in the matter and petition should be disposed of accordingly.

5. Learned counsel for the petitioner submits that in compliance of the order dated 18/8/2009 passed by the Division Bench of this Court in Writ

Signature Not Verified Appeal No.242/2008 the petitioner was to be granted the benefit of promotion Signed by: ARUN KUMAR MISHRA Signing time: 10/17/2023 5:47:08 PM

w.e.f.6/9/1999. As he was already working on the post of UDC since 19/4/1999 and on the date of his next increment his basic pay was revised from Rs.5,625/- to Rs.5,750/- by adding increment of Rs.125/-, therefore, according to Fundamental Rule 22(D), he was entitled for one increment from the date of promotion, i.e.6/9/1999, and his pay should be fixed accordingly.

6. In response to the above submissions made by petitioner's counsel, learned counsel for the respondents referring petitioner's fixation chart mentioned in the letter dated 21/11/2022 submits that since at the time of promotion, i.e. on 6/9/1999, petitioner was already fixed in the same pay scale, therefore, as per circular dated 17-3-1999/19-4-1999 and 18-8-2005 issued by the GAD, Government of MP, Bhopal fixation of his pay was correctly done. He has submitted copy of the circular issued by the GAD, Government of MP, Bhopal in this regard in support of his above submissions.

7. In view of the aforesaid, as the benefit of promotion w.e.f.6/9/1999 has been provided and arrears for the period w.e.f.6/9/199 to 23/2/2002 has been granted in accordance with the order dated 18/8/2009 passed by the Division Bench of this Court in Writ Appeal No.242/2008, therefore, it appears that order dated 9/6/2022 passed by the coordinate Bench of this Court in Writ Petition No.19181/2019 has been complied with and thus, nothing survives in this Contempt Petition to address upon. Accordingly, this Contempt Petition is

disposed of with an observation that if the petitioner still feels aggrieved by the decision of the respondents, he is free to take recourse to law before appropriate forum. Rule nisi issued against the respondents stands discharged.

SATYENDRA KUMAR SINGH) Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 10/17/2023 5:47:08 PM

JUDGE Arun*

Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 10/17/2023 5:47:08 PM