Sitaram vs The State Of Madhya Pradesh
2022 Latest Caselaw 1054 MP

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  HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
   (SINGLE BENCH: HON'BLE Mr. JUSTICE VIVEK RUSIA)
                        Writ Petition No.862/2022

Sitaram S/o Budhia Kudesh, aged about
60 years, Occupation- Service, R/o Post-          PETITIONER
Kukshi, District Dhar, M.P.
                                    VERSUS
1. State of M.P. through Principal
Secretary Tribal Development Dept.
Vallabh Bhawan, Bhopal, M.P.
2. Commissioner, Tribal Development
Department, Bhopal, M.P.
3. Assistant Commissioner, Tribal                  RESPONDENTS.
Development Department, Jhabua, M.P.
4. Principal, Govt. High School
Karnavad, Teshil - Setlavad, District
Jhabua, M.P.

5. Joint Director, Treasury, Accounts &
Pension Department, District Indore, M.P.


      Shri Ajay Kumar Mimrot, learned counsel for the Petitioner.
      Shri Archana Maheshwari, learned Panel Lawyer for the
respondent/State.


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                             ORDER

(21.01.2022) The petitioner before this Court has filed the present petition claiming the benefit of Fundamental Rule 22-D on account of his promotion from the post of Assistant 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 aforesaid circular and in light of the judgment delivered in the case o f 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

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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 his promotion from the post of Assistant Teacher to Upper Division Teacher in light of FR-22D. In case a representation is submitted by petitioner, the respondent No. 3, 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 order 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.

Certified copy, as per rules.

(VIVEK RUSIA) JUDGE praveen

PRAVEEN NAYAK 2022.01.22 11:44:45 +05'30'