Smt. Shashikala Tiwari vs School Education Department
2021 Latest Caselaw 2459 MP

                           1                                W.P. No.8630-2021

  THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                            W.P. No.8630-2021
             (Smt. Shashikala Tiwari vs. State of M.P. & others)

Indore, Dated: 16/06/2021

          Heard through video conferencing.

       Shri Rakesh Pal, learned counsel for the petitioner.

      Ms. Bharti Lakkad, learned Govt. Advocate for the respondent/State.

At the outset, learned counsel for the petitioner has drawn attention of

this Court towards the order dated 22/12/2016 passed in Writ Petition No.

8448/2016 in the case of Smt. Archana Sharma Vs. State of MP Order

dated 22/12/2016 reads as under :

WP-8448-2016 (SMT.ARCHANA SHARMA Vs SCHOOL EDUCATIONDEPARTMENT)

22-12-2016 Shri Rakesh Pal, learned counsel for the petitioner. Shri M.Phadke, learned counsel for the State. Heard finally with consent.

The petitioner is claiming regular pay scale and seniority from the date of initial appointment.

Learned counsel appearing for the petitioner submits that the petitioner's case is required to be examined by the respondents in the light of the order dated 20.3.2014 passed in W.P.No.6580/2011 in the matter of Giver Prasad Sharma and another Vs. State of M.P. and another.

He has sought a liberty to file an appropriate representation claiming the said relief and has also prayed for a direction to the respondent No.2 to consider and decide the representation within a time bound period.

Counsel for the State has no objection to such a limited prayer.

Keeping in view the aforesaid aspect of the matter, the writ petition is disposed of by permitting the petitioner to file an appropriate representation claiming the aforesaid relief. If such a representation is filed by the petitioner,the same will be considered and decided by the respondent No.2 after duly considering the order of this Court in the matter of Giver Prasad Sharma(supra) within a period of three months from the date of receipt of the representation and if the petitioner is found entitled, the necessary benefit will be extended to her without any delay.

C.C. as per rules."

In the light of the aforesaid, the present Writ Petition also stands

disposed of with liberty to the petitioner to submit a representation within 2

weeks and the respondent shall pass appropriate orders in accordance with

law,keeping in view the the judgment delivered in the case of Giver Prasad

Sharma and another Vs. State of MP and another (W.P.No.6580/2011,

decided on 20.3.2014). The exercise of passing appropriate order and if the

petitioner is found entitled, necessary benefits be extended to the petitioner,

within three months from the date of receipt of such representation.

Certified copy, as per rules.

(Subodh Abhyankar) Judge

moni

Digitally signed by MONI RAJU Date: 2021.06.17 10:41:15 +05'30'