Smt. Sarla Arther vs The State Of Madhya Pradesh
2022 Latest Caselaw 1959 MP

                                                                                1
                                                  IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                                             BEFORE
                                                            HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                    ON THE 11th OF FEBRUARY, 2022

                                                                 WRIT PETITION No. 3104 of 2022

                                                    Between:-
                                                    SMT. SARLA ARTHER W/O SHRI HENARY
                                                    ARTHER, AGED ABOUT 65 YEARS, OCCUPATION:
                                                    RETD. HEAD MASTER RAMBHAPUR TEHSIL
                                                    MEGHNAGAR DIST JHABUA (MADHYA PRADESH)

                                                                                                              .....PETITIONER
                                                    (BY SHRI SHASHANK PATWARI, ADVOCATE)

                                                    AND

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

                                            2.      COMMISSIONER    TRIBAL    DEVELOPMENT
                                                    DEPARTMENT BHOPAL (MADHYA PRADESH)

                                            3.      ASST. COMMISSIONER TRIBAL DEVELOPMENT
                                                    DEPARTMENT JHABUA (MADHYA PRADESH)

                                            4.      BLOCK    EDUCATION  OFFICER T.D.              BLOCK
                                                    THANDLA (MADHYA PRADESH)

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

                                                                                                            .....RESPONDENTS
                                                    (BY SHRI P.KIBE, PANEL LAWYER )
                                                                   (Heard through Video Conferencing)
                                                  T h is petition coming on for      orders this day, the court passed the
                                            following:
                                                                                 ORDER

The petitioner before this Court has filed the present petition claiming the benefit of Fundamental Rule 22-D on account of her promotion from the post of Lower Division Teacher to Upper Division Teacher.

Learned counsel for petitioner at the outset has stated before this Court that a circular has been issued by the State Government dated 31st December 2011 and the respondents are required to consider the case of the petitioner in light of the Signature Not VerifiedDigitally signed by SAN VARGHESE MATHEW Date: 2022.02.11 17:14:23 IST aforesaid circular and in light of the judgment delivered in the case of State of M.P. & One Another Vs. Dayaram Patidar (W.P. No.1104/2011) decided on

04.10.2012.

Learned Government Advocate for the respondents has fairly stated before this court that the respondents shall be considering the case of petitioner and shall be passing appropriate orders in accordance with law keeping in view the aforesaid

circular issued by the State Government.

Resultantly, without averting to the merits of the case, this petition is disposed of with a liberty to the petitioner to submit a detailed representation afresh to the Assistant commissioner Tribal Development Department, District- Jhabua, furnishing all minutes service details with a prayer to grant the benefit on account of her promotion from the post of Lower Division Teacher to Upper Division Teacher in light of FR-22D. In case a representation is submitted by petitioner, the respondent No. 3 Assistant Commissioner, Tribal Affairs, Department, District- Jhabua, shall pass appropriate orders keeping in view the circular dated 31st December 2011 and the judgment delivered in case of State of M.P. Vs. Dayaram Patidar (Supra). It is needless to mention that the representation includes a copy of the aforesaid circular and the judgment delivered in the case of Dayaram Patidar. The exercise of deciding the case of the petitioner be concluded within a period of three months from the date of receipt of such representation. In case the petitioner is found eligible by the competent authority, the respondent-authorities are directed to release the amount within a period of two months thereof.

With the aforesaid, this writ petition stands disposed of. No order as to costs.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified VerifiedDigitally Digitally signed by SAN VARGHESE MATHEW Date: 2022.02.11 17:14:23 IST