Gopi Krishna Rathore vs The State Of Madhya Pradesh ...
2022 Latest Caselaw 16955 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 20 th OF DECEMBER, 2022
                                              WRIT PETITION No. 29367 of 2022

                           BETWEEN:-
                           GOPI KRISHNA RATHORE S/O MAGAN LAL RATHORE,
                           AGED ABOUT 59 YEARS, OCCUPATION: SERVICE GOVT.
                           PRIMARY SCHOOL PIPRI NO. 1 BLOCK BAG, TEHSIL
                           KUKSHI DISTRICT DHAR. (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHR AMISH SANGHVI - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH DEPARTMENT
                                 OF TRIBAL WELFARE THROUGH PRINCIPAL
                                 SECRETARY VALLABH BHAWAN, DISTRICT
                                 BHOPAL. (MADHYA PRADESH)

                           2.    COMMISSIONER        TRIBAL    WELFARE
                                 D EPARTM EN T SATPURA BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           3.    ASSISTANT COMMISSIONER TRIBAL WELFARE
                                 DEPARTMENT DHAR (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI PRADYUMNA KIBE - G.A.)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

At the outset, counsel for the petitioner submits that present petition may be disposed of by directing the respondents to consider the petitioner's claim in the light of the judgment passed in the case of Madhukant Yadu and others Vs. State of Madhya Pradesh in O.A.No. 2745/89 dated 24.08.1992. The petitioner Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 12/21/2022 11:33:17 AM

is claiming regular payscale from the date of initial appointment.

After hearing learned counsel for petitioner, the present petition is disposed of with liberty to the petitioner to submit a fresh representation before the respondent No.3 along with all relevant record within a period of 15 days from today and if such a representation is submitted, the same shall be considered and decided by the competent authority within a period of two months from the date of communication of the order passed today keeping in view the order passed in the case of Mahukant Yadu(supra). Needless to say that if the petitioner is found entitled for the said benefit, the same shall be extended to him as has been extended in other identical matters.

C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 12/21/2022 11:33:17 AM