Smt. Beti Bai vs The State Of Madhya Pradesh
2022 Latest Caselaw 5172 MP

                                      1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                               WP No. 6058 of 2022
                (SMT. BETI BAI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 08-04-2022
      Shri M.S. Rana, learned counsel for the petitioner.

      Shri Abhishek Sharma, learned Panel Lawyer for the respondent/State.

Instant petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs:-

7.1 That, the impugned action and order of respondents dt. 18.4.2017 Annexure P/1 may kindly be declared as illegal and the same may kindly be quashed.

7.2 That, a direction may kindly be given to the respondents to give the service benefit and minimum pay scale of the post of permanent classified Khallshi from the date of her classification as permanent employee to the petitioner. And pay the arrears of salary on fixation of 7th pay commission along with all consequence benefits with interest from the date of her classification.

7.3 That, the respondents may further be directed to treat the petitioner at par with their similarly placed co-employees with seniority and consequential benefits on the post of Khallshi from the date of her classification.

7.4 That, any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs.

At the outset, learned counsel for the petitioner placed reliance on the order dated 26.08.2021 (bunch of petitions in which W.P. No.4018/2020(s) Kamta Prasad Vs. State of M.P. and others , is the leading case and submitted that issue in question is squarely answered by the said judgment and in pursuance thereof, certain more orders have been passed. He relied upon the orders dated 03.01.2022 passed in W.P. No.28015/2021 and seeks parity.

Learned Government Advocate for the respondents/State fairly submitted that issue involves is identical vis-a-vis cases referred above.

Heard.

In view of the aforesaid, this petition is finally disposed of in terms of the order dated 26.08.2021 passed in W.P. No.4018/2020 and order dated 27.01.2022 passed in W.P. No.28015/2021. Directions as contained therein, shall be made applicable mutatis mutandis to the facts and circumstances of the present case.

Parties to act accordingly.

Petition stands allowed and disposed of in above terms. E-copy/Certified copy as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE

Pawar

ASHISH PAWAR 2022.04.08 18:16:08 +05'30'