Smt. Meenakshi Vyas vs State Of M.P. Through School ...
2021 Latest Caselaw 5298 MP

                                                1
                                                                                       WP No.5297/2020

           HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
     THE LOK ADALAT OF MP HIGH COURT LEGAL SERVICES COMMITTEE,
                          BENCH AT INDORE

                                  Writ Petition No.5297/2020
                                 Smt. Meenakshi Vyas w/o Sanjay Ji
                                                 V/s
                               The State of Madhya Pradesh & others
                                                -----
             Shri Rakesh Pal, learned counsel for the petitioner.
             Shri Sanjay Karanjawala, learned Government Advocate for the respondent (s).
                                            -----
                                        ORDER

(Passed on 11th September, 2021)

With the consent of parties, this matter has been placed before this Lok Adalat under Section 20 of the Legal Services & Authorities Act, 1987; and heard finally.

ORDER This writ petition under Article 226 of the Constitution of India has been filed by petitioner seeking the following relief: -

"a That, this Hon'ble High Court may kindly be pleased to direct the respondents to fixed the petitioners pay in the regular pay scale and seniority from the initiate date of the appointment to the petitioners and condone the break in service from 11.10.93 to 8.4.95. b. That, the Hon'ble High Court may kindly be pleased to direct the respondents to make the payment of the arrears written the stipulated time period if payment is not made within the stipulated time period than the reasonable interest be pay from date of order passed by this Hon'ble High Court.

c. That, any relief which this Hon'ble High Court may deem fit be awarded to the petitioner in the interest of justice."

2. At the outset, learned counsel for the petitioner has drawn the 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 v. State of MP. Order dated 22.12.2016 reads as under: -

"WP-8448-2016 (SMT.ARCHANA SHARMA v SCHOOL EDUCATION DEPARTMENT) 22-12-2016 Shri Rakesh Pal, learned counsel for the petitioner.

WP No.5297/2020

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."

3. 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 respondent No.2 (District Education Officer, Ujjain) 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 6580/2011). 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.

4. With the aforesaid observation, Writ Petition No.5297/2020 stands disposed of.

5. All the other pending interlocutory applications, if any, shall stand disposed of.

Certified copy as per rules.

                      (Justice Subodh Abhyankar)                                    (Mini Ravindran)
                               Member                                                   Member
Pithawe RC




 RAMESH CHANDRA PITHWE
 2021.09.14 18:17:11 +05'30'