IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 3 rd OF JULY, 2023 WRIT PETITION No. 24338 of 2003 BETWEEN:-

SMT. KATHRINAMMA JOSEPH, W/O SHRI T.J.JOSEPH, R/O 18/10, SOUTH T.T.NAGAR, BHOPAL WORKING AS ASSISTANT GRADE II IN THE OFFICE OF DIRECTOR, VETERINARY SERVICES, GOVT. OF M.P., TULSI NAGAR, BHOPAL.

.....PETITIONER (BY SHRI RAJEEV MISHRA - ADVOCATE)

AND

1. STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY, DEPTT. OF ANIMAL HUSBANDRY AND VETERINARY, VALLABH BHAWAN, MANTRALAYA, BHOPAL.

2. THE DIRECTOR, DIRECTORATE OF VETERINARY SERVICES, GOVT. OF M.P.,TULSI NAGAR, BHOPAL.

3. THE JOINT DIRECTOR, (ADMINISTRATION AND ESTABLISHMENT), DIRECTORATE OF VETERINARY SERVICES, GOVT. OF M.P., TULSI NAGAR, BHOPAL.

4. SHRI C. KAUL, WORKING AS ASSISTANT GRADE I, DIRECTORATE OF VETERINARY SERVICES, GOVT. OF M.P., TULSI NAGAR, BHOPAL.

.....RESPONDENTS (SHRI DILIP PARIHAR – PANEL LAWYER FOR STATE)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition was originally filed under Section 19 of M.P. State Administrative Tribunal Act, 1985 before the M.P. State Administrative Tribunal Bench at Bhopal and the case was registered as O.A. No.732/1999. After the abolition of M.P. State Administrative Tribunal, the case was transferred to the High Court and accordingly, it has been registered as W.P. No.24338/2003.

2. It is submitted by the counsel for the petitioner that by ignoring just and rightful claim of the petitioner for promotion to the post of Assistant Grade-I, respondent No.4 has been promoted to the said post.

3. The respondents have filed their return and have stated that the petitioner went on leave w.e.f. 08.11.1965 till 13.11.1965 after taking due permission to leave headquarter. However, the petitioner failed to join on 14.11.1965 and therefore, the petitioner was sanctioned leave without pay from 14.11.1965 to 11.02.1966. In accordance with the provision contained under Rule 16 (2-a) of the Revised Leave Rules, 1934 Appendix I Part II B of the F.R. II of Government M.P., on expiry of 90 days of extraordinary leave granted to the employee, she would be deemed to have resigned. Thereafter, the petitioner was reappointed by order dated 25.04.1966. Consequent upon her appointment order dated 25.04.1966 the petitioner submitted her joining on 25.04.1966 itself. The Government of M.P., Department of Veterinary by its order dated 23.09.1999 intimated that it is not justified to allow the benefit of previous services as the resignation was not technical in nature. Accordingly, in the light of order dated 23.09.1999, the petitioner is not entitled for promotion. However, DPC considered the name of the petitioner for promotion and since the question of seniority of the petitioner was not decided, therefore, the recommendation of DPC was kept in sealed cover. It is submitted that the services rendered by the petitioner prior to 25.04.1966 were not taken into consideration and therefore, it is incorrect to say that she has been superseded by respondent No.4.

4. In reply, it is submitted by the counsel for the petitioner that later on the State Government by order dated 06.01.1979 granted permission to treat the period of service of the petitioner from 12.02.1966 till

24.04.1966 as dies non.

5. It is submitted by the counsel for the petitioner that dies non means that there will not be any break in service but the employee shall not be entitled for calculation of the said period for increment as well as any other consequential benefit. It is submitted that since the order of dies non i.e. 06.01.1979 was passed without conducting a departmental inquiry, therefore, the same is bad in law. It is submitted that dies non is a major penalty as held by this Court in the case Mahesh Kumar Shrivastava Vs. State of M.P. and others reported in 2007 (3)

M.P.H.T. 362

6. Considered the submissions made by the counsel for the petitioner.

7. By order dated 06.01.1979 the pe