Sukdev Singh Dhurvey vs The State Of Madhya Pradesh
2022 Latest Caselaw 1684 MP

                                 1




     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                               BEFORE
                HON'BLE SHRI JUSTICE ATUL SREEDHARAN
                       ON THE 7th OF FEBRUARY, 2022

                  WRIT PETITION No. 28126 of 2021

         Between:-
         SUKDEV SINGH DHURVEY S/O SHRI HATTHU
         SINGH   ,  AGED   ABOUT    52  YEARS,
         OCCUPATION: ASSISTANT TEACHER GOVT.
         MIDDLE    SCHOOL      JARHA    BLOCK
         PUSHPRAJGARH DISTT. (MADHYA PRADESH)

                                                             .....PETITIONER
         (BY SHRI S.C. PATEL, LEARNED COUNSEL )

         AND

1.       THE STATE OF MADHYA PRADESH THROUGH
         ITS SECRETARY TRIBAL AFFAIRS DEPT.
         VALLABH BHAWAN BHOPAL VALLABH
         BHAWAN BHOPAL (MADHYA PRADESH)

2.       COMMISSIONER      TRIBAL   AFFAIRS
         DEPARTM ENT SATPURA BHAWAN BHOPAL
         (MADHYA PRADESH)

3.       JOINT DIRECTOR TREASURY, ACCOUNT AND
         P E N S I O N DISTT-SHAHDOL  (MADHYA
         PRADESH)

4.       ASSISTANT   COMMISSIONER     TRIBAL
         AFFAIRS    DEPARTMENT DISTT-ANUPPUR
         (MADHYA PRADESH)

5.       DISTRICT TREASURY OFFICER ANUPPUR
         DISTT-ANUPPUR (MADHYA PRADESH)

6.       BLOCK       EDUCATION       OFFICER
         PUSHPRAJGARH PUSHPRAJGARH, ANUPPUR
         (MADHYA PRADESH)

                                                          .....RESPONDENTS
         (BY SHRI MANHAR DIXIT, LEARNED PANEL LAWYER FOR
         RESPONDENTS/ STATE)
                     (Heard through Video Conferencing)
       This petition coming on for admission and interim relief, this day, the
court passed the following:
                                  ORDER

With consent of the parties, the matter is heard finally. The petitioner is seeking regularisation of the pay-scale from the date of his initial appointment alongwith all the attendant benefits accruing therefrom. He has based his case to be dealt on parity to dictum laid down in the case of State of M.P. Vs. Pankaj Saxena, decided in Civil Appeal No.135/2004 by the

Division Bench of Indore Bench of this Court.

Under the circumstances, this petition is disposed of with a direction to the petitioner to move a fresh representation before the authority concerned inter-alia praying that he be granted the similar relief as has been granted to the appellants in Civil Appeal No.135/2004. If such a representation is moved by the petitioner before the authority concerned, it is requested to decide the said representation in light of the decision rendered by this Court in the aforesaid Civil Appeal and if the case of the petitioner is covered by the judgment of this Court passed in the aforesaid case, then similar relief be also extended to the petitioner herein. Let this exercise be done within a period of 8 weeks from the date of filing of such a representation by the petitioner, by a reasoned order and shall communicate the outcome of its decision to the petitioner.

It is made amply clear that this Court is not expressing any opinion regarding the merits of the case of the parties and the authority concerned is further requested to deal with the said representation of the petitioner, strictly in accordance with law.

With the aforesaid, the petition is finally disposed of. C.C. as per rules.

(ATUL SREEDHARAN) JUDGE Vikram VIKRAM SINGH 2022.02.08 12:17:20 +05'30'