The State Of M.P. vs Shri Omprakash Joshi
2021 Latest Caselaw 3308 MP

                                                   1                                 WA-1231-2020
                       The High Court Of Madhya Pradesh
                                  WA-1231-2020

(THE STATE OF M.P. AND OTHERS Vs SHRI OMPRAKASH JOSHI AND OTHERS)

Indore, Dated : 14-07-2021 Heard through Video Conferencing.

Shri Aditya Garg, learned counsel for the appellant/State. As per calculation of Registry, the appeal is within time. Hence, there is no need to pass any order in IA No.3761/2020 for condonation of delay.

This Intra Court Appeal takes exception to the order dated 12.03.2020

passed in WP No.3744/2019, wherein the learned Single Judge opined that the petitioners therein are entitled to get the benefit of 3 time scale of pay on completion of 10, 20 and 30 years of service. No cut of date could be a hurdle for them. The actual monetary benefits cannot be denied by fixing a date of applicability i.e. issuance of circular dated 01.01.2016.

Learned Single Judge further recorded that this aspect was gone into in the case of K.L Asre Vs. State of MP (WP No.1070/2003) decided on 07.11.2005. This judgment of MP High Court got stamp of approval from the Supreme Court. Similarly in WP No.7863/2016 (Tulsiram Vs. State of

MP), the similar point has been decided in favour of employees. This order was not interfered with by the Division Bench.

Shri Garg, learned counsel for the appellant/State fairly submitted that points involved in the present appeal stood concluded by the judgment of this Court in K.L Asre and other judgments, which were affirmed by the Supreme Court.

In view of the matter, no case is made out for interference. The writ appeal sans substance and is hereby dismissed.

          (SUJOY PAUL)                                                          (ANIL VERMA)
             JUDGE                                                                   JUDGE
Digitally signed by SOURABH YADAV
Date: 2021.07.14 16:48:29 +05'30'

    Sourabh
 2   WA-1231-2020