Madhya Pradesh High Court
Harbhajan Kushwah vs The State Of Madhya Pradesh on 23 August, 2021
Author: Anand Pathak
1 WP-15329-2021
The High Court Of Madhya Pradesh
WP-15329-2021
(HARBHAJAN KUSHWAH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
1
Gwalior, Dated : 23-08-2021
Shri Alok Bandhu Shrivastava, Advocate for the petitioners.
Shri Devendra Choubey, Govt. Advocate for the respondent/State.
The present petition has been filed seeking the following reliefs:-
"1. Quashed order dated 21.09.2016, Annexure P/4 by
respondent No.1 by which Time-bound Third Higher Pay
Scale is allowed to petitioners on completion of 10, 20 and
30 years service but the same is made applicable from
01.01.2016 when other similarly situated employees has
been given on completion 12 and 24 years service and made
it applicable from 19.04.1999. Because of order 21.09.2016,
Annexure P/4 respondents had denied to grant monetary
benefit from 19.04.1999 when by order Annexure P/5
Hon'ble High Court of M.P. Bench Indore has allowed the
same.
2. Direct the respondents to re-consider the case of the
petitioner for grant of time bound higher pay scale with effect
from 19.05.1999 and pay arrears upto 31.12.2015.
3. Issue any other writ, order or direction in the nature of
writ under Article 226 of the Constitution of India as this
Hon'ble Court may deem fit in facts and circumstances of
case."
It is alleged by the counsel for the petitioners that his case is governed
by the judgment passed by the Division Bench of this court in the case of
State of Madhya Pradesh v. Anil Kumar Garg and Ors (W.A.
No.912/2015) being leading case deciding the controversy. He further
submits that his case is identical to that of case of K.L. Asre v. State of
M.P. and Anr. (W.P. No. 1070 of 2003) . He prays for similar reliefs to be
extended to the petitioners.
Counsel for the State submits that if the petitioners file representation,
then it will be considered and decided as expeditiously as possible.
In view of the aforesaid, petitioners are directed to submit a detailed
representation to respondents no. 3 and 4 within a period of seven working
2 WP-15329-2021
days from today along with all relevant documents and in turn the said
respondents are directed consider the representation submitted by the
petitioner and pass a self contained speaking order and if the petitioner is
found entitled for such benefits, then the same may be extended to the
petitioner.
The aforesaid exercise be completed within a period of three months
from the date of receipt of certified copy of this order.
It is made clear that this court has not expressed anything on merits of
the case.
With the aforesaid observations petition is disposed of.
No order as to costs.
(ANAND PATHAK)
JUDGE
neetu
SMT NEETU
SHASHANK
2021.08.25
12:06:03
+05'30'
