In this writ petition challenging compulsory retirement, the High Court of Chhattisgarh held the petition infructuous after the government recalled the order via a High Level Committee and directed reinstatement.
The writ petition has been dismissed as having become infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Writ Petition (S) No. 48 of 2018
Boondram Bharti Versus State of Chhattisgarh & others
| 13.11.2018 | Shri Abhishek Pandey, Advocate for the petitioner. Shri Majid Ali, Dy. Govt. Advocate for the State. In this petition 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 petitioner herein. |
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| However, counsel appearing for the petitioner submits that he has 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 the petitioner was 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 petitioner herein would have to agitate the same by a separate writ petition. |
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| Thus, the writ petition on the aforesaid submission of there being an order in favour of the petitioner by the High Powered Committee of reinstatement and the order of compulsory retirement having been recalled, the present writ petition has become infructuous reserving the right of the |
| petitioner to challenge the subsequent petitioner. |
order | so far as it is detrimental to the |
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| Accordingly, the writ petition | stands | dismissed as having become |
| infructuous with the aforesaid liberty. | ||
| Sd/- | ||
| (P. Sam Koshy) JUDGE |
Bhola
Boondram Bharti
State of Chhattisgarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
