Rajendra Tiwari v. Shri D.D. Singh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No.509 of 2018 Rajendra Tiwari S/o Shri G.P.Tiwari Aged About 61 Years Assistant District Excise Officer Balod, Tahsil And District Balod, Chhattisgarh ---- Petitioner

Versus

Shri D.D. Singh Commissioner Excise And Secretary Commercial Tax (Excise Department), Mantralaya, Mahanadi Bhavan, Naya Raipur, Chhattisgarh --- Respondent For Petitioner :

Mr. Ashutosh Trivedi, Advocate For Respondent :

Mr. Gagan Tiwari, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 20/02/2020 Heard.

1.

At the outset, learned counsel for the respondent, referring to the averment made in the reply and the document attached therewith, would submit that the order passed by this Court with regard to consideration of petitioner's case for grant of promotion by holding review DPC and in the eventuality, he being found fit for grant of pension, consequential benefits has been complied with in its true spirit. He would submit that the order of promotion of the petitioner, as Assistant District Excise Officer (for short 'ADEO') with effect from 3rd February, 2017, has been passed after the review DPC found the petitioner fit for promotion on that post from relevant date. He would further submit that another order has been passed by the State Government on 10.02.2020, by which, direction has been issued for grant of other consequential benefits including pay fixation, payment of arrears etc. 2.

Learned counsel for the petitioner would submit that though orders have been passed, now the actual monetary benefit has not been extended to the petitioner, till date.

3.

Having considered the submission of learned counsel for the parties and after going through the averment made in the reply as also order dated 04.01.2020 and 10.02.2020, I am satisfied that the order passed by this Court has been complied with, in its spirit by not only granting petitioner but also passing order for pay fixation and arrears to which the petitioner would be entitled for grant of promotion to the post of ADEO with effect from 3rd of February, 2017.

4.

It is expected that after passing the order dated 10.02.2020, necessary consequential exercise of pay fixation, revision and other consequential benefits which have accrued upon retirement would also be revised at the earliest.

5.

The contempt petition is accordingly closed.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha