Smt. Shanta Joshi vs School Education Department
2021 Latest Caselaw 1093 MP

          High Court of Madhya Pradesh; Bench At Indore

                          WP No.6603/2021
            (Smt. Shanta Joshi Vs. State of MP and others)           1

INDORE; DATED - 25/03/2021
        Shri Abhishek Tugnawat, learned counsel for the applicant.
        Smt. Archana Kher, learned counsel for the respondent/State.

With the consent, heard finally.

The petitioner has filed the present writ petition claiming the benefit of regular pay-scale from the date of initial appointment in the light of the earlier orders passed by this Court.

Learned counsel appearing for the petitioner submitted that the same issue has already been decided by order dated 24.08.1992 passed by the M.P. State Administrative Tribunal in O.A.No. 2745/2009 (Madhukant Yadu V/s State of M.P.). The S.L.P. No. 6092/93 preferred against this order was dismissed by the Supreme Court. He also submitted that similar writ petitions have already been disposed off by this Court by issuing directions in favour of the writ petitioner.

Learned counsel for the petitioner has submitted that the concerned respondent be directed to decide the petitioner's claim within a time bound period.

Learned counsel for the respondents has no objection to the same.

In view of the aforesaid, the present writ petition is disposed off by giving liberty to the petitioner to file an appropriate representation to the concerned respondent raising the grievance in respect of the non grant of regular pay-scale/increments from the date of initial appointment. If such a representation is submitted by the petitioner, the concerned respondent will consider and decide it within a period of four weeks from the date of its receipt, keeping in view the judgment in the matter of Madhukant Yadu (supra) High Court of Madhya Pradesh; Bench At Indore

WP No.6603/2021

noted above and any other binding judgment on the point and if the petitioner is found to be entitled to the said benefit, the concerned respondent would extend such benefit to him without any delay. Any adverse order will be a reasoned speaking order.

This writ petition is accordingly disposed of.

(Sujoy Paul) Judge soumya

Digitally signed by SOUMYA RANJAN DALAI Date: 2021.03.26 14:38:48 +05'30'