Smt. Hemlata vs Education Department
2021 Latest Caselaw 3185 MP

                                   1                               WP-5575-2021
        The High Court Of Madhya Pradesh
                  National Lok Adalat
                    WP-5575-2021
               (SMT. HEMLATA Vs EDUCATION DEPARTMENT AND OTHERS)

3
Indore, Dated : 10-07-2021
      Heard through Video Conferencing.
      Shri Subhash Upadhyaya, learned counsel for the petitioner.
      Shri Aditya Garg, learned Panel Advocate for respondents/State.

The petitioner has filed the present petition seeking benefit of regular

pay-scale of probation period after completion of three years' service on the post of Peon in the light of judgment passed by this Court in the case of Krishan Gopal Sharma V/s. State of M.P. (W.P. No.1297/2014 decided on 16.6.2014).

The aforesaid writ petition was disposed of by this Court in the light of judgment passed by the Principal Seat at Jabalpur in W.P. No.8048/2010 decided on 25.6.2010 whereby the respondents were directed to consider the case of the petitioners therein and in case, they are identically placed persons, the respondent to pass necessary orders granting similar benefit within a

period of two months. The aforesaid order has been complied with and vide order dated 4.9.2014 they have all been granted the benefit. Therefore, the present petitioner is also seeking parity with them and submitted the representation on 26.11.2020 (Annexure P/5), but the same has not been decided so far, hence the present writ petition.

Learned Panel Advocate appearing for respondents/State submits that the writ petition may be disposed of with a direction to the respondents to consider the representation of the petitioner.

Prayer made by learned Panel Advocate appears to be reasonable. Accordingly, this petition is disposed of with a direction to the respondents to consider and decide the representation (Annexure P/5) of the petitioner in the light of order dated 25.6.2010 passed by Principal Bench of this Court at Jabalpur in W.P. No.8048/2010. Needless to say that if the petitioner is found 2 WP-5575-2021

entitled for the same benefit, necessary orders be passed forthwith. In case of rejection of the representation of the petitioner, the respondents shall pass a reasoned order.

With the aforesaid, this petition stands disposed of.

   (JUSTICE VIVEK RUSIA)                             (ANIKET ABHAY NAIK)
       MEMBER                                               MEMBER


Alok

 Digitally signed by ALOK GARGAV
 Date: 2021.07.14 17:08:33 +05'30'