Mangesh Vaishnav vs Narmada Development Department
2021 Latest Caselaw 4331 MP

                                                                       1                             WP-16819-2019
                                             The High Court Of Madhya Pradesh
                                                        WP-16819-2019
                                                 (((MANGESH VAISHNAV Vs NARMADA DEVELOPMENT DEPARTMENT)))

                                              WP/16810/2019, WP/16813/2019, WP/16819/2019, WP/17898/2019
                                    6
                                    Indore, Dated : 13-08-2021
                                            Shri R.M. Deshpandey, learned counsel for the petitioners.
                                            Shri Ranjeet Sen, learned Panel Lawyer for the respondent/State.

Heard through Video Conferencing.

This batch of writ petitions is filed taking exception to withdrawal of

increment in respect of Grade-II employees granted by virtue to their selection by Screening Committee under time bound pay scale as they hold eligibility for Grade-II. This action has been taken without notice and opportunity of hearing to the petitioners.

Learned counsel for the petitioners submits that earlier controversy has been resolved in series of cases by the co-ordinate Bench and the judgment so rendered has been affirmed by the Division Bench in the batch of writ appeals decided by common order dated 19.10.2020. Hence, the issue is no res-integra.

Learned Panel Lawyer for the respondent/State though tried to impress upon this Court that the judgment so read upon requires reconsideration.

This Court is of the view that the arguments so advanced is more of desperation than of substance. Accordingly, these writ petitions are allowed relying upon the judgment dated 19.10.2020 passed by the Division Bench of this Court and the operative portion of the judgment of the Single Judge passed in WP No.20518/2018 (Ku. Sadhana Mittal Vs. State of Madhya Pradesh & ors) shall apply mutatis mutandis to the facts of the instant case.

Writ petition stands disposed of accordingly.

(ROHIT ARYA) JUDGE

Vibha Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2021.08.14 12:06:09 IST