Smt. Shakuntala vs The State Of Madhya Pradesh
2022 Latest Caselaw 1502 MP

     IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                   BEFORE
                 HON'BLE SHRI JUSTICE PRANAY VERMA

                      ON THE 2nd OF FEBRUARY, 2022

                    WRIT PETITION No. 2269 of 2022



 Between:-
 SMT. SHAKUNTALA W/O SHRI SHANKARLAL JI MULEWA,
 AGED ABOUT 61 YEARS,
 OCCUPATION: GOVT. SERVANT GOVT,
 GOVT.GIRLS PRIMARY SCHOOL BANI,
 BLOCK-PETLAWAD, DISTRICT- JHABUA (MADHYA PRADESH)
                                                            .....PETITIONER
 (BY SHASHANK PATWARI, ADVOCATE)

 AND

 1. THE STATE OF MADHYA PRADESH, PRINCIPAL SECRETARY
    VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

 2.   COMMISSIONER TRIBAL DEVELOPMENT DEPARTMENT
      SATPUDA BHAWAN (MADHYA PRADESH)

 3. ASSISTANT COMMISSIONER,
    TRIBAL WELFARE DEPARTMENT,
    JHABUA (MADHYA PRADESH)

 4. BLOCK EDUCATION OFFICER,
    BLOCK PETLAWAD, DISTRICT-DHAR (MADHYA PRADESH)

 5. DISTRICT TREASURY/ PENSION OFFICER,
    TREASURY AND ACCOUNTS DEPARTMENT,
    JHABUA (MADHYA PRADESH)

                                                          .....RESPONDENTS
 (BY SMT. VINITA PHAYE, GOVT. ADVOCATE)
                    (Heard through Video Conferencing)
       This petition coming on for admission this day, the Court passed the
following:

                                  ORDER

Short grievance of the petitioner in this petition under Article 226 of

the Constitution of India is that he has not been extended the benefit of

regular pay scale from the initial date of appointment.

2. Counsel for the petitioner submits that the matter is covered by order passed by erstwhile Madhya Pradesh State Administrative Tribunal in the

case of Madhukant Yadu and 56 others v. State of Madhya Pradesh &

others in Original Application No.2745/1989 on 24.08.1992 and followed

in various cases by this Court. The SLP No.6092/1993 preferred against this

order was dismissed by the Supreme Court.

3. The prayer is not opposed by the State's counsel.

4. Accordingly, this petition is disposed off in terms of the aforesaid

order passed in Madhukant Yadu and 56 others (supra) and the same shall

apply mutatis mutandis. The petitioner shall prefer a detailed representation

individually mentioning all the facts, grounds and judgment on which she

wants to place reliance and submit the same before the respondents No.2 to 4

within 15 days from today. The said respondents shall be well advised to

advert to the representation of the petitioner within twelve weeks therefrom,

in accordance with law. In case the petitioner is entitled for the benefits, the

same shall be released within the stipulated period; and if found that the

petitioner is not entitled for the similar benefit, reasons thereof be

communicated to the petitioner.

5. It is made clear that this Court has not expressed any opinion on merit

of the case.

Writ Petition is accordingly disposed off.

(PRANAY VERMA) JUDGE jyoti Digitally signed by JYOTI CHOURASIA Date: 2022.02.03 11:46:15 +05'30'