Avdhesh Shrivastava vs The State Of Madhya Pradesh Thr
2022 Latest Caselaw 5467 MP

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             HIGH COURT OF MADHYA PRADESH
                   Writ Petition No.20056/2018
         (Avdhesh Shrivastava Vs. State of M.P. and others)

Gwalior Bench: Dated 13.04.2022

      Shri B.P. Singh, learned counsel for the petitioner.

      Shri Rohit Shrivastava, learned PL for the respondents/State.

Instant petition under Article 226 of the Constitution of India has

been preferred by the petitioner seeking following reliefs:-

"(i) That, this Hon'ble Court may kindly be pleased to allow this petition and may further be pleased to quash the part of the order Annexure P/1 declaring earlier classification of petitioner as null ab initio.

(ii) That, the respondents may kindly be directed to grant the Regular Pay Scale of the Post of Filter Operator w.e.f. the date of completion of 6 months or 240 days service as per the earlier classification order alongwith consequential benefits.

(iii) The respondents may kindly be directed to regularize the services of petitioner and to make the member of GPF.

(iv) Any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner alogwith costs."

At the outset, learned counsel for the petitioner placed the

judgment 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 27.01.2022 passed in W.P. No.16505/2017 by the

HIGH COURT OF MADHYA PRADESH Writ Petition No.20056/2018 (Avdhesh Shrivastava Vs. State of M.P. and others)

Principal Seat, Jabalpur and seeks parity.

Learned Government Advocate for the respondents/State fairly

submitted that issue involves in 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. Directions as

contained therein, shall be made applicable mutatis mutandis to the facts

and circumstances of the present case. Parties to act accordingly.

Since cost has been waived off by the Division Bench of this Court

vide order dated 03.03.2022 passed in Writ Appeal No.1166/2021 (The

State of Madhya Pradesh and others Vs. Kamta Prasad and others),

therefore, no cost can be imposed over the respondents. Order dated

02.06.2017 (Annexure P/1) stands quashed and benefits be awarded as

per judgment dated 26.08.2021 passed in Writ Petition No.4018/2020

(Kamta Prasad Vs. State of M.P. and others).

Petition stands allowed and disposed of in above terms.

(Anand Pathak) Judge Rashid RASHID KHAN 2022.04.13 19:32:59 +05'30' 11.0.8