Digitally signed by REKHA SINGH 2024:CGHC:28738 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3166 of 2012

1. I.P.Gupta (Dead) Through Lrs., As Per Honble Court Order Dt. 18-08-

2021.

1.1 - Smt. R. Gupta @ Renu Gupta W/o Late I.P. Gupta Aged About 73 Years R/o Jabadapara, New Sarkanda Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 1.2 - Raj Kumar Gupta Aged About 49 Years R/o Jabadapara, New Sarkanda Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

1.3 - Sanjeev Kumar Gupta Aged About 47 Years R/o Jabadapara, New Sarkanda Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

1.4 - Sanjay Kumar Gupta Aged About 45 Years R/o Jabadapara, New Sarkanda Bilaspur, District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Petitioners versus

1. State Of Chhattisgarh Through - Secretary, Health And Family Welfare Department Raipur, D.K.S. Bhavan Raipur, District Raipur Chhattisgarh, Chhattisgarh

2. Director, Health Department, D.K.S. Bhavan Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3. Accountant General, Accountant General Office, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ... Respondents For Petitioners : Ms. Diana Bajrang, Advocate holding the brief of Mr. Vinod Deshmukh, Advocate For State : Mr. Pranjal Shukla, Panel Lawyer (Hon’ble Shri Justice Rakesh Mohan Pandey)

Order On Board

02/08/2024

1. The petitioner has filed this petition seeking the following relief(s) :

“10.1 It is therefore, humbly prayed that this Hon’ble Court may kindly be pleased to allow this petition and may further be pleased to grant the following relief:

“(i) The petitioner above named most humbly prays to this Hon’ble Court to call for entire records pertaining to the retiral dues.

(ii) This Honble Court is pleased to set aside the order dated 01.10.2011 Annexure P/1 passed by respondent No.1.

(iii) This Hon’ble Court be pleased to direct the respondent authority to grant full back wages and all monetary, consequential benefits with all increments, fixation of pay on account of revision and also promotional benefits to the post to which his immediate juniors and placed on 31.05.2004 of his being reinstated to the petitioner, particularly when the Hon’ble High Court of Chhattisgarh has set aside the order dated 12.07.1995 and order dated 05.10.2006, by which the period of the petitioner from 12.07.1995 to 08.04.2004 was treated as a dies-non.

(iv) To hold that the petitioner would be entitled for full pension and dues of pension from his superannuation date.

(v) To direct the respondents to pay interest for the delayed payment @ 9% P.A. from the date amount fell due till the date of realization.

(vi) Any other relief as deemed fit by this Hon’ble Court.”

2. Facts of the present case are that during the pendency of the present petition, the original petitioner died and the legal representatives of the deceased petitioner were brought on the record. The original petitioner namely, I.P. Gupta was initially appointed to the post of Computer Operator in the Health and Family Welfare Department, Government of Madhya Pradesh vide order dated 16.03.1967. Thereafter, he was promoted to the post of Block Extension Educator in the year 1985. On 06.07.1995, the original petitioner was transferred from Masturi to Primary Health Centre, Kota. Against the order of transfer, he sent a protest letter to the Joint Director, Health Services, Government of Chhattisgarh on 10.07.1995 and requested to cancel the transfer or else the petitioner would be forced to resign from the services. Consequently, the services of the original petitioner were discontinued from 12.07.1995 in view of the acceptance of resignation. Against the order dated 12.07.1995, he preferred an Original Application (O.A.) before the State Administrative Tribunal, Jabalpur bearing O.A. No.297/1995 which was dismissed by the Tribunal on 06.10.1999. Against the order dated 06.10.1999, he preferred a Writ Petition be