Motilal Sharma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Writ Petition (S) No. 6894 of 2017 Ravindra Sharma Versus State of Chhattisgarh & others Writ Petition (S) No. 6902, 6903, 6912, 6693, 7487, 6907, 7427, 5846, 5296, 5310, 5268, 6187 & 6697 of 2017 Shri Harsh Wardhan, Shri Vipin Tiwari, Shri Jitendra Pali, Shri Awadh Tripathi, Shri D. N. Prajapati, Shri Manoj Paranjpe, Shri Abhishek Pandey and 22.10.2018 Ms. Hamida Siddiqui, Advocates for the respective petitioners. Shri Ratan Pusty, Govt. Advocate for the State. These are 14 petitions where the State counsel makes a submission that the order of compulsory retirement passed by the State Govt. was reconsidered by the High Level Committee constituted by the State Govt.

and they have found the order of compulsory retirement to be bad in law and have recalled the same and ordered for reinstatement of the petitioners herein. However, counsel appearing for the petitioners submit that they have grievance so far as the subsequent order to the extent of non granting of the benefit of salary and other allowances during the intervening period they were out of employment is concerned.

Since the said claim of salary is a subsequent development which has arisen as a separate cause of action and a separate order passed by the respondents, this Court is of the opinion that the petitioners herein would have to agitate the same by a separate set of writ petitions. Thus, these writ petitions on the aforesaid submission of there being an order in favour of the petitioners by the High Powered Committee of

reinstatement and the order of compulsory retirement having been recalled, these 14 writ petitions have become infructuous reserving the right of the petitioners to challenge the subsequent order so far as it is detrimental to these petitioners.

Accordingly, these 14 writ petitions stand dismissed as having become infructuous with the aforesaid liberty.

Sd/- (P. Sam Koshy) JUDGE Bhola