Fakir Chand Jatiye vs Teh State Of Madhya Pradesh
2021 Latest Caselaw 5470 MP

-1-                                             WP No.18891/2021

HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                          WP NO.18891/2021
Fakir Chand Jatiye, Age 51 years
s/o late Shri Nagu Lal Jatiye
Occ-Peon Govt. High Secondary School
Village Sukheda Tehsil Jaora Dist Ratlam
R/o Jatiya Mohalla Sukheda Tehsil Jaora
Dist Ratlam (MP)
vs.
1.State of Madhya Pradesh Through
Principal Secretary
School Education Department
Vallabh Bhawan Bhopal MP
2.District Education Officer
Ratlam Dist. Ratlam
15.09.2021: (Indore):
      Shri K.C.Raikwar, learned counsel for the petitioner.
      Shri Shrey Raj Saxena, learned Dy.AG for the State.
      By this petition under Article 226 of the Constitution of India
petitioner is aggrieved by the illegal and arbitrary denial of regular pay
scale to employees who are working in the Work Charged and
Contingency Paid Establishment against sanctioned vacant posts.
      Counsel for the petitioner has submitted that the matter is
entirely covered by the order passed in W.P.No.8048/2010 in the case
of Kailash Chandrasekhar others v/s State of M.P. & Others and in
W.P.No.2533/2008(s) in the case of Nand Kishore Vyas and Others
Vs. State of M. P. & another. Counsel has further submitted that
several identical petitions have been decided by this Court and the only
relief they seek is that the representation (Annex.-P/8) filed by the
petitioner be decided within a limited time period.
      Counsel for the respondents/State has submitted that the

controversy involved in the present case is covered by the order delivered in the case of Kailash Chandravanshi (supra) and Nand

-2- WP No.18891/2021

Kishore Vyas (supra) and he has not objected to the reasonable prayer made by the counsel for the petitioner.

In view of the above, without commenting on the merits of the case, the present petition stands disposed of with a direction to the respondents to consider the petitioner's claim made in the representation. If the petitioner is entitled for the benefit, same shall be extended to him by passing a reasoned and cogent order in the light of the judgments in the case of Kailash Chandravanshi (supra) and Nand Kishore Vyas (supra), as has been extended to others in other identical matters. The aforesaid exercise shall be completed within a period of four months from the date of receipt of the certified copy of this order.

With the aforesaid, writ petition stands disposed of. Certified copy, as per rules.

                                                (VIVEK RUSIA)
        Digitally signed by HARI                   JUDGE
        KUMAR C G NAIR
        Date: 2021.09.15 17:14:09
hk/     +05'30'