Onkarlal vs The State Of Madhya Pradesh
2021 Latest Caselaw 4695 MP

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                                                                WP No.14951/2021

         High Court of Madhya Pradesh, Jabalpur
                     Bench at Indore
                 Writ Petition No.14951/2021 (s)
                            (Onkarlal s/o Galiya Kavache
                                        Versus
                        The State of Madhya Pradesh & others)
Indore, Dated 25.08.2021
      Shri S.R. Porwal, learned counsel for the petitioner.

      Shri Shrey Raj Saxena, learned Deputy Advocate General for

the respondent / State of Madhya Pradesh, on advance notice.

      With the consent of the learned counsel for the parties, this

writ petition is heard finally.

                                  ORDER

By this petition under Article 226 of the Constitution of India

petitioner Onkarlal S/o Galiya Kavache is aggrieved by the illegal

and arbitrary denial of benefit of advance increments in view of the

provisions of F.R. 22-D on account of his promotion from the post of

Upper Division Teacher to Headmaster, Middle School.

2. Counsel for the petitioner has submitted that the matter is

entirely covered by the judgment delivered by this Court in the case

of State of Madhya Pradesh v. Dayaram Patidar on 04.10.2002 in

Writ Petition No.1104/2001.

3. Counsel has further submitted that several identical petitions

have been decided by this Court and only relief he seeks is that

representation dated 21.01.2021 (Annexure P/2) filed by the

petitioner be decided within a limited time period.

WP No.14951/2021

4. Counsel for the respondent / State has submitted that the

controversy involved in the present case is covered by the order

delivered in the case of Dayaram Patidar (supra) and he has not

objected to the reasonable prayer made by the counsel for the

petitioner.

5. In view of the above, without commenting on the merits of the

case, the present petition stands disposed of with a direction to the

respondents to consider the petitioner's claim, subject to

verification, if the petitioner is entitled for the benefit, by passing a

reasoned and cogent order in the light of Dayaram Patidar (supra)

and the same benefit be extended to the petitioner, as has been

extended in other identical matters. The aforesaid exercise shall be

completed within a period of three months from the date of receipt

of the certified copy of this order.

With the aforesaid, this writ petition stands disposed of.

No order as to costs.

C. c. as per rules.

(Subodh Abhyankar) Judge Pithawe RC

RAMESH CHANDRA PITHWE 2021.08.26 11:23:04 +05'30'