Madhya Pradesh High Court
Dharmendra Parikh vs Directorate Of Health Services ... on 25 February, 2020
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
1 RP No.784/2019
HIGH COURT OF MADHYA PRADESH
RP No.784/2019
Dharmendra Parikh Vs. Directorate of Health Service & Ors.
Indore, Dated:25.02.2020
Shri.Sunil Jain, learned Sr.Counsel with Shri Rishi
Paliwal, learned counsel for petitioner.
Shri.Akash Sharma, learned counsel for respondents.
Heard.
By this petition, the petitioner is seeking review of the order dated 15th March, 2018 passed in WP No.5390/2017. There is a delay of 398 days in filing this Review petition, therefore, IA No.4411/2019 has been filed for condonation of delay.
Learned counsel for petitioner submits that this court has wrongly mentioned in Para 14 that the review petitioner is not entitled to the increment on the post of SFW whereas it should have been mentioned that the petitioner is not entitled to increment on the post of MPW. He submits that the petitioner cannot be denied increment on both the posts. He has further submitted that subsequently by order dated 19/2/2019 passed in WP No.13020/2018, the petitioner has been granted seniority for the post of SFW.
As against this, learned counsel for respondents has submitted that there is no error and in clear terms the increments on the post of SFW have been denied by this court because the petitioner has not worked on that post. He has also submitted that the petitioner is not entitled to the increments on the post of MPW because he had not fulfilled the necessary conditions for grant of increment on that post by undergoing the training. He has also submitted that there 2 RP No.784/2019 is inordinate unexplained delay in filing the review petition.
Having heard the learned counsel for parties and on perusal of the record, it is noticed that this court in para 14 of the order dated 15/3/2018 passed in WP No.5390/2017 has assigned due reasons for holding that the petitioner on reversion to the pot of SFW will not be entitled to increment for the period he has not worked on the said post. The issue that the petitioner would not be entitled to increment on the post of MPW if he does not undergo the training within the stipulated period or did not co-operate in taking the training was already concluded by the earlier order dated 3/2/2014 passed in WP No.634/2013.
So far as subsequent order dated 19/2/2019 passed in WP No.13020/2018 is concerned, in that petition the issue argued was in respect of charging interest on the recovery amount and further direction was in respect of deciding the claim of seniority treating him to be SFW since 2007 which does not furnish any ground for review of the earlier order of this court.
Hence, I am of the opinion that there is no error apparent on the face of record in the order dated 15/3/2018 passed in WP No.5390/2017. There is also an unexplained inordinate delay of 398 days in filing this review petition.
Hence, the review petition is dismissed on the ground of delay and also on merits.
(Prakash Shrivastava) Judge vm Varghese Digitally signed by Varghese Mathew DN: c=IN, o=High Court of Madhya Pradesh Bench Indore, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=b06e85e8115fd7cc0bb34a0888d1d430f Mathew 979382d4c898692d55d8dbb4d9b937e, serialNumber=4e90d922e5a5064a0914c5bc5199 c144bc261ee38c4cbe410b3b325ebd82325a, cn=Varghese Mathew Date: 2020.02.27 11:46:18 +05'30'