Madhya Pradesh High Court
Bahadur Singh Kushwah vs M.P.Power Transmission Company Ltd. ... on 7 November, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 7th OF NOVEMBER, 2022
WRIT PETITION NO. 2965 OF 2013
BETWEEN:-
BAHADUR SINGH KUSHWAH S/O
LATE SHRI KASHIRAM KUSHWAH,
AGE 57 YEARS, OCCUPATION:
SERVICE R/O LALITPUR COLONY
SHANKAR CHOWK KE PASS
KALIAN BHAWAN LASHKER
GWALIOR
........PETITIONER
(BY SHRI M.S. RANA- ADVOCATE)
AND
1. M.P.POWER TRANSMISSION
COMPANY LTD. JABALPUR
THROUGH ITS MANAGING
DIRECTOR RAMPUR JABALPUR
2. EXECUTIVE ENGINEER, EHT
(MAINTENANCE) DIVISION, M.P.
POWER TRANSMISSION
COMPANY LTD. MOTIJHEEL,
DISTRICT GWALIOR
3. REGIONAL ACCOUNTS OFFICER,
M.P. POWER TRANSMISSION
COMPANY, LTD. BHOPAL
2
....RESPONDENTS
(SHRI VIVEK JAIN- ADVOCATE FOR RESPONDENTS)
----------------------------------------------------------------------------------------
This petition coming on for hearing this day, the Court passed the
following:
ORDER
This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :
"(1) Hence, it is humbly prayed that the petition of the petitioner may kindly be allowed and the writ of certiorari or any other suitable writ, order or direction as this Hon. Court may deem fit in the facts and circumstances of the case, whereby, quashing the orders annexure P/1 and P/2;
(2) The respondents made kindly be directed to restore pay of petitioner as he was getting on June, 2012 and further, grant him increment. The respondents may also be directed to return the amount already recovered from the petitioner.
(3) Any other relief which is just and proper including the costs through out may also be allowed;
It is submitted by the counsel for the respondents that the matter has been reviewed by the respondent company and it has been decided that from every year after 01.07.2006, the employee shall be entitled to earn increment if he has completed 6 months from 12 months i.e. from 1 st July of the year to 30 th June of the next year and, accordingly, it is submitted that grievance of the petitioner has been redressed and the petitioner's yearly increment after 01.07.2006 shall be reckoned after completing six months' service in one year's period. Accordingly, it is submitted by the counsel for the respondents that the matter shall be 3 reviewed and the necessary order will be passed and for all practical purposes, this petition has rendered infructuous.
In reply, it is submitted by the counsel for the petitioner that the petition may be disposed of in the light of the order dated 22.07.2022 (Annexure-A) filed by the respondent along with I.A. No.7705/2022.
Heard the learned counsel for the parties.
It is fairly conceded by the counsel for the petitioner that the case of the petitioner is covered by order dated 22.07.2022 and the petition may be disposed of in the light of the said order.
Accordingly, considering the submissions made by the counsel for the respondents, this petition is disposed of with a direction that respondent shall decide the case of the petitioner in the light of the order dated 22.07.2022 and shall pass necessary order within a period of one month from today.
With aforesaid observation, this petition is finally disposed of.
(G.S. AHLUWALIA) Digitally signed by JUDGE ABHISHEK CHATURVEDI Avi Date: 2022.11.11 18:28:52 +05'30'