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Shiv Shankar Beldar vs The State Of Madhya Pradesh
2022 Latest Caselaw 2439 MP

Citation : 2022 Latest Caselaw 2439 MP
Judgement Date : 22 February, 2022

Madhya Pradesh High Court
Shiv Shankar Beldar vs The State Of Madhya Pradesh on 22 February, 2022
Author: Sushrut Arvind Dharmadhikari
                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                BEFORE
                                         HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                      ON THE 22nd OF FEBRUARY, 2022

                                                    WRIT PETITION No. 20553 of 2021

                                        Between:-
                                1.      SHIV SHANKAR BELDAR S/O SHRI SARJU BELDAR
                                        , AGED ABOUT 34 YEARS, OCCUPATION: ASSTT.
                                        GRADE III GOVT. NEHRU H.S. MAHARAJPUR
                                        DISTRICT CHHATARPUR (MADHYA PRADESH)

                                2.      VIPIN DIXIT S/O SHRI HARISHCHANDRA DIXIT
                                        OCCUPATION: GRAD II O/O DISTRICT EDUCATION
                                        OFFICER DISTRICT CHHATARPUR M.P. (MADHYA
                                        PRADESH)

                                3.      KAJI SAJJID HUSSAIN S/O SHRI KAJI ZAHID
                                        HUSSAIN , AGED ABOUT 50 YEARS, OCCUPATION:
                                        GRAD II O/O GOVT.H.S SCHOOL NO. 2 DISTRICT
                                        CHHATARPUR M.P. (MADHYA PRADESH)

                                4.      UMESH SHRIVASTAVA S/O SHRI SHIVCHARANLAL
                                        SHRIVASTAVA , AGED ABOUT 49 YEARS,
                                        OCCUPATION: ASST. GRAD III O/O DISTRICT
                                        EDUCATION OFFICER DISTRICT CHHATARPUR
                                        M.P. (MADHYA PRADESH)

                                5.      ANIL RAI S/O LAKHANLAL RAI , AGED ABOUT 31
                                        YEARS, OCCUPATION: ASST. GRAD III O/OGOVT.
                                        H.S    SCHOOL     KHAIRAKALA      DISTRICT
                                        CHHATARPUR M.P. (MADHYA PRADESH)

                                6.      VIJAY KUMAR ARJARIYA S/O SHRI KAILASH
                                        NARAYAN ARJARIYA , AGED ABOUT 54 YEARS,
                                        OCCUPATION: ASST. GRAD III O/OGOVT. H.S
                                        SCHOOL SATAI DISTRICT CHHATARPUR M.P.
                                        (MADHYA PRADESH)

                                7.      SHIV KUMAR KHARE S/O SHRI D.P KHARE , AGED
                                        ABOUT 57 YEARS, OCCUPATION: ACCO. GOVT.
                                        ADHAYAPAK    SHIKSHAKA      MAHAVIDYALA
                                        DISTRICT   CHHATARPUR     M.P.   (MADHYA
                                        PRADESH)

                                8.      RAGHVENDRA SINGH S/O SHRI BUDDH SINGH ,
                                        AGED ABOUT 42 YEARS, OCCUPATION: ASST.
                                        GRADE III O/O DISTRICT EDUCATION OFFICER
                                        DISTRICT   CHHATARPUR     M.P.  (MADHYA
                                        PRADESH)

                                9.      ROHIT KHARE S/O SHRI K.N KHARE , AGED
                                        ABOUT 42 YEARS, OCCUPATION: ASST. GRADE III
                                        O/O DISTRICT EDUCATION OFFICER DISTRICT
                                        CHHATARPUR M.P. (MADHYA PRADESH)

Signature Not Verified
  SAN
                                10.     HARIOM PRAJAPATI S/O SHRI PYARELAL
                                        PRAJAPATI  ,   AGED   ABOUT     32   YEARS,
Digitally signed by VARSHA
                                        OCCUPATION: ASST. GRADE III O/O H.S SCHOOL
CHOURASIYA
Date: 2022.02.23 10:08:37 IST           PANAGAR    DISTRICT    CHHATARPUR      M.P.
                                        (MADHYA PRADESH)
                                                                     2

                                11.     PRADEEP KUMAR VISHWAKARMA S/O SHRI
                                        RAMDAS VISHWAKARMA , AGED ABOUT 42
                                        YE A R S , OCCUPATION: ASST. GRADE III O/O
                                        BLOCK EDUCATION OFFICER BADAMALHARA
                                        DISTRICT      CHHATARPUR     M.P. (MADHYA
                                        PRADESH)

                                12.     SANJAY ASATI S/O SHRI J.P ASTATI , AGED ABOUT
                                        42 YEARS, OCCUPATION: ASST. GRADE III O/O H.S
                                        SCHOOL HATWARA DISTRICT CHHATARPUR M.P.
                                        (MADHYA PRADESH)

                                13.     ASUTHOSH RAWAT S/O SHRI JANKI PRASAD
                                        RAWAT , AGED ABOUT 44 YEARS, OCCUPATION:
                                        ASST. GRADE III DISTT. EDUCATION AND
                                        TRAINING   CENTRE   NOWGAON      DISTRICT
                                        CHHATARPUR M.P. (MADHYA PRADESH)

                                                                                                 .....PETITIONERS
                                        (BY SHRI PRAVEEN KUMAR VERMA, LEARNED COUNSEL FOR THE
                                        PETITIONERS)

                                        AND

                                1.      THE STATE OF MADHYA PRADESH THROUGH
                                        PRINCIPAL SECRETARY SCHOOL EDUCATION
                                        DEPARTMENT VAALLABH BHAWAN, BHOPAL M.P.
                                        (MADHYA PRADESH)

                                2.      DISTRICT  EDUCATION    OFFICER   SCHOOL
                                        EDUCATION           DEPARTMENT DISTRICT
                                        CHHATARPUR M.P. (MADHYA PRADESH)

                                                                                                .....RESPONDENTS
                                        (BY SHRI MUKUND AGRAWAL, LEARNED PANEL LAWYER FOR THE
                                        RESPONDENTS/STATE)

                                      T h is petition coming on for admission this day, the court passed the
                                following:
                                                                     ORDER

Learned counsel for the petitioners submits that the petitioners are entitled for increment from the date of passing of the typing examination. In support of his submission, he has placed reliance on the judgment passed by Full Bench of this Court in the case of Manoj Kumar Purohit vs. State of M.P. 2016 (1) MPLJ 449 and also placed reliance on the order dated 19.2.2018 passed by the Division Bench in Writ Appeal No.37/2018 (Anuroop Singhai and others vs. State of M.P. and others) against which the SLP has also been dismissed.

Signature Not Verified It is considered to be appropriate to dispose of the petition with a direction SAN

Digitally signed by VARSHA to the petitioners to submit a representation before before the competent authority CHOURASIYA Date: 2022.02.23 10:08:37 IST

of the respondents within a period of two weeks from today and if such

representation is submitted within the aforesaid period, the competent authority of the respondents shall consider and decide the claim of the petitioners keeping in view the aforesaid judgment of Full Bench in the case of Manoj Kumar Purohit (supra) and the judgment of Division Bench passed in the case of Anuroop Singhai (supra) within a period of two months thereafter.

It is made clear that if there is no legal impediment, the petitioners will be granted benefit of increment from the date of passing of the typing examination as held by this Court within a period of one month from the date of passing of the

order by the said authority.

With the aforesaid, the petition is disposed of.

(S. A. DHARMADHIKARI) JUDGE vc

Signature Not Verified SAN

Digitally signed by VARSHA CHOURASIYA Date: 2022.02.23 10:08:37 IST

 
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