Madhuri Sharma (Patel) vs The State Of Madhya Pradesh
2021 Latest Caselaw 9052 MP

                                                         1                              WP-26475-2021
                              The High Court Of Madhya Pradesh
                                       WP No. 26475 of 2021
                             (MADHURI SHARMA (PATEL) Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 21-12-2021
                            Shri Amrit Lal Gupta, learned counsel for the petitioner.

                            Shri Swapnil Naolekar, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Grievance of the petitioner is that vide impugned order dated 19.07.2018, Annexure P/1 though the petitioner was paid the monetary

benefits from the date of promotion to the post of Deputy Commissioner but has denied the salary of the promotional post under the wrong notion of principle of "no work no pay".

Learned counsel for the petitioner submits that the principle is not applicable in this case since the petitioner is continuously working on the post of CEO and later on the promotional post without any break. The pay scale has been assessed from the date of promotion of her junior Shri Raghunath Kharole w.e.f. 30.12.2013 placing the petitioner above the junior in the gradation list. Petitioner has already filed the representation before the

respondent on 05.10.2021 claiming the promotional benefits to be paid to her from 30.12.2013 as extended to the similar situated employee Rajeev Khare in the light of order dated 05.02.2020 passed by this Court in W.P. No.774/2014. Therefore, the respondents may be directed to decide the pending representation in the light of the order passed in W.P. No.774/2014.

O n the other hand, learned counsel for the State opposes the prayer and submits that the petition has been filed belatedly after a period of three years and the petitioner was waiting for the outcome of W.P. No.774/2014. The representation with regard to relief claimed in the petition was filed for the first time on 05.10.2021 after the judgment passed in W.P. No.774/2014. As such, no relief can be granted to the petitioner.

Considering the fact that the petitioner is identically situated to that of Signature SAN Verified Not Rajeev Kumar in W.P. No.774/2014, the respondents are directed to decide Digitally signed by SUNIL KUMAR PATEL Date: 2021.12.22 10:58:12 IST 2 WP-26475-2021 the pending representation of the petitioner dated 05.10.2021 (Annexure P/2) in the light of order dated 05.02.2020 passed by this Court in W.P. No.774/2014, in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of receipt of certified copy of this order. It is made clear that the representation shall be considered

according to its own merits.

This Court has not expressed any opinion on the merits of the case. With the aforesaid direction, writ petition is disposed off. C.C. as per rules.

(VISHAL DHAGAT) JUDGE

sp/-

Signature
 SAN      Not
Verified

Digitally signed by
SUNIL KUMAR
PATEL
Date: 2021.12.22
10:58:12 IST