Lali Bhalrai vs The State Of Madhya Pradesh
2021 Latest Caselaw 8708 MP

                                    1                              WP-26961-2021
         The High Court Of Madhya Pradesh
                  WP No. 26961 of 2021
              (LALI BHALRAI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 13-12-2021
        Shri A.K. Gupta, learned counsel for the petitioner.

        Shri Shivam Hazare, learned Panel Lawyer for the State.
        The present petition under Article 226 of the Constitution of India has
been filed seeking the following reliefs :-
        7.1 That, it is therefore, prayed that this Hon'ble Court may kindly be

pleased to direct the respondents to provide the benefit of regular pay scale

with consequential benefits from the date of their initial initial appointment and arrears thereof to be petitioner in the light of the decision rendered by Division Bench of this Hon'ble Court in Writ Appeal No. 946/2010, in the interest of justice.

7 . 2 That, the Hon'ble Court may kindly be pleased to direct the respondent no. 2 to consider and decide the representation, (Ann. P-10) in accordance with law.

7.3 Any other and further relief, as may be deemed fit in the case may

be granted to the petitioner.

I t is submitted that petitioner has filed the present petition for extending the regular pay scale in the light of the decisions rendered in the case of Madhukant Yadu and others Vs. State of M.P. and others (O.A. No. 2745/89), vide dated 24.08.1992, which travelled upto the Supreme Court in Civil Appeal No. 6892/1993 and has been affirmed. The SLP filed by the State Government has been dismissed. Subsequently, an identical matter was considered in the case o f State of M.P. Vs. Pankaj Saxen, (SLP No.930/2008). The same was also dismissed. Thereafter, the State Government has issued circulars for preparing a list for extending the benefits to the employees in the light of aforesaid judgments.

It is further submitted that the representation, (Ann. P-7) has been filed by the petitioner but the same is kept pending and has not been 2 WP-26961-2021 decided till date. An innocuous prayer is made to direct the concerned respondent to consider and decide the pending representation within a stipulated time frame and extend the benefit as extended to other similarly situated employees in the light of the judgment in the case of Madhukant Yadu (supra), State of M.P. Vs. Pankaj Saxen, (Supra).

Counsel appearing for the State has no objection to the innocuous prayer and submitted that a liberty be extended to examine the case of the petitioner whether she is entitled for the same or not.

Considering the overall facts and circumstances of the case, this petition is disposed of directing the petitioner to file a fresh representation to the concerned respondent alongwith all the relevant documents and copies of the judgments passed by the Hon'ble Supreme Court in the aforesaid cases within a period of 15 days from today and in case such a representation is filed, the concerned respondent is directed to consider and decide the same in the light of aforesaid judgments passed by the Supreme Court in the aforesaid cases and communicate the outcome to the petitioner within a period of 60 days from the date of receipt of certified copy of this order.

Needless to say that if the petitioner is found entitled for the benefit, as claimed by her the same be extended to her within a period of two months from the date of decision on the representation.

This court has not expressed any view on merits of the case. The petition stands disposed of.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE

shabana Digitally signed by SHABANA ANSARI Date: 2021.12.14 10:47:35 +05'30'