Govind Prasad Chouksey vs The State Of Madhya Pradesh
2021 Latest Caselaw 813 MP

     HIGH COURT OF MADHYA PRADESH, JABALPUR
                Writ Petition No.5402/2020
17.3.2021
     Mr. Deepak Kumar Pandey, learned counsel for the
petitioner.
     Mr. Adamya Bajpai, learned Panel Lawyer for the State.
     The petitioner herein wants to withdraw the present writ
petition with a liberty to file a contempt case.
     Briefly the facts of the case are as follows:
     The petitioner is an Assistant Teacher at the Ambedkar
Government Primary School at Seoni. His grievance is that as
he had already completed the course of B.Ed. degree prior to
entry in service, he was eligible to two advance increments for
completing the B.Ed. Degree, which was never given to him.
His earlier representations fell on deaf ears and, therefore, the
petitioner herein along with other co-petitioners filed Writ
Petition No.4893/2011 (S) (Smt. Sakaran Bano and others v.
State of M.P. and others). The petitioner herein was petitioner
no.5 in the aforesaid writ petition. The said writ petition was
allowed vide order dated 18.3.2011. While deciding the said
petition, this court held in paragraph no.4 "In this case, it is
not in dispute that the petitioners acquired B.Ed./BTI/D.Ed.
education before coming into the service of respondents and

as per circular dated 21/09/1974, petitioners were entitled for two advance increments which was earlier allowed to the petitioners but subsequently withdrawn." Thereafter, in paragraph no.5 this court had held that the controversy involved in the petition was squarely covered by the judgment of the Supreme Court in Asha Saxena v. State of M.P. and others SLP (Civil) No.18881/06. Even after the said order was in their favour, no action was taken and a subsequent representation made by the petitioners was dismissed vide order dated 27.10.2011. However, thereafter, the petitioners did not approach this court earlier and had filed the present writ petition in which this court vide order dated 16.12.2020 gave an opportunity to the petitioners to explain the delay and latches in filing this writ petition.

However, today, learned counsel for the petitioner wants to withdraw this petition with a liberty to file a contempt petition for non-compliance of the order dated 18.3.2011 passed in Writ Petition No.4893/2011 (S).

Therefore, this petition is dismissed as withdrawn with the liberty as aforementioned.

(Atul Sreedharan) Judge ps

PRASHAN Digitally signed by PRASHANT SHRIVASTAVA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH

T COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh,

SHRIVAST 2.5.4.20=ece48d19937645a6267 b9b5ec6a49fcd15bfc04d16d24c 3fe6b477bde7632d74,

AVA cn=PRASHANT SHRIVASTAVA Date: 2021.03.18 12:01:20 +05'30'