( 1. ) THIS petition is filed by the petitioner seeking the relief of a direction to the respondents for fixing of emoluments and salary and other monetary benefits available to the petitioner by fixing his seniority and by grant of notional promotion if he is entitled to during the period and on occasions when persons junior to him were promoted. He also seeks a direction for payment of all the monetary benefits immediately.

( 2. ) ACCORDING to the petitioner, he was working as a Deputy Jailor, central Jail, Raipur, in the year 1963, from where he was removed from service. Against this removal he preferred an appeal and by orders dated 24th Match 1970 the appeal was allowed and the petitioner was exonerated from the charges levelled against him and he was reinstated and continued in service. As a result of this order he resumed his duties on 31st March 1970 but as he reached the age of superannuation on 7th April 1970 he was retired from Government service. After his retirement, according to the petitioner, in supersession of the orders passed in his appeal on 24th March 1970, further order was passed on 18th December 1973 and by this order it was directed:

(i) that the petitioner will be treated as re-appointed w. e. f. 31-3-1970 to 6-4-1970; (ii) that the petitioner will get his full pay and allowances for the period upto 2-3-1968; and (iii) that for the period from 2-3-1968 to 30-3-1970 the petitioner will not get any pay and allowance.

Aggrieved by this order, the petitioner filed a petition in this Court which was Misc. Petition No, 54 of 1977 and this Court allowed the petition and directed that "the petitioner having been exonerated was entitled to the benefits which accrued to him during this period. No such adverse order was made under Fundamental Rule 54. Therefore, there was nothing that stands in the way of the petitioner to claim entitlement for the pay and emoluments till 6-4-1970. "it is alleged by the petitioner that in spite of these directions from this Court the directions were not complied with although the petitioner moved a number of applications before the respondent authorities and even sought interviews. It is further alleged that in spite of efforts and notice when emoluments were not paid but only an interim payment of Rs. 10,907. 60 Paise was made on 27th February 1981, the petitioner moved this Court again for action under the Contempt of courts Act which was M. C. C. No. 44 of 1981. In this petition the counsel for the State gave an undertaking that a specific order detailing as to how the applicant was entitled to Rs. 10,097,55 only will be passed and communicated to the applicant within a period of two months from that day so that if the petitioner felt dissatisfied with that order, he may stake appropriate proceedings. It appears that on this undertaking a direction was issued which read :

"in the light of the submissions made by the learned counsel for the parties, we dispose of this petition by issuing a direction as per the undertaking given by the counsel for the State that the State should pass a detailed order indicating the entitlement of the applicant for rs. 10907. 55 only and communicate the same to him within two months from today. "

According to the petitioner, even in spite of this direction which was issued by this Court on 30th September 1982, nothing was done and the petitioner again submitted a representation on 12th November 1982 and ultimately the petitioner has filed the present petition.

( 3. ) IN the return filed by the State, it is surprising that the stand on the basis of Fundamental Rule 54 has again been taken when in the judgment of the Misc. Petition No. 54 of 1977 this Court had clearly observed "no such adverse order was made under Fundamental Rule 54 and, there fore, a direction was issued to pay all monetary benefits to the petitioner. It is unfortunate that in spite of this decision by this Court the State has been raising pleas which have been disposed of