Khalil Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 5745 MP

                                      1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                              WP No. 23149 of 2019
                (KHALIL KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 20-04-2022
      Shri Devesh Sharma, learned counsel for the petitioner.

      Shri     Varun    Kaushik,    learned    Government          Advocate   for   the
respondents/State.

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

1. That, the impugned action and order of respondents dated 08.02.2019 Annexure P/1 may kindly be declared as illegal and the same may kindly be quashed.

2. That, a direction may kindly be given to the respondents to give the service benefit and pay scale of the post of the permanent classified Pump Driver from the date of his classification w.e.f. 30.04.1986 as permanent employee to the petitioner. And pay the arrears of salary on fixation of pay alongwith all consequence benefits with interest from the date of his classification.

3. That, the respondents may further be directed to implement the direction/order passed by the Hon'ble High Court, in W.P./6058/2014, dated 15.04.2015.

4. 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 Pump Driver from the date of his classification.

5. That, any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner alongwith 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 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.

Petition stands allowed and disposed of in above terms.

(MILIND RAMESH PHADKE) JUDGE

neetu NEETU SHASHANK 2022.04.21 15:53:53 +05'30'