Bapu Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 824 MP

Writ Petition No.328/2022                                             1




High Court of Madhya Pradesh : Bench At Indore

                   Wtit Petition No.328/2022
Petitioner    -                    Bapu Singh
                                   S/o Gulab Singh Chouhan
                                   Occupation - Service
                                   Aged - 62 years
                                   Address - Primary School Songaon
                                   Post - Pipli, Tehsil - Gandhwani
                                   District - Dhar (M.P.)
                     versus

Respondent(s)-                1.   State of Madhya Pradesh
                                   Through Secretary
                                   Tribal Development Department
                                   Vallabh Bhawan, Bhopal (M.P.)

                              2.   Assistant Commissioner,
                                   Tribal Development Department
                                   District - Dhar (M.P.)
Indore, dated 18.01.2022
       Ms. Archanan Upadhyay, learned counsel for the
petitioner.
       Shri Anubhav Raj Pandey, learned Panel Lawyer for
the respondent / State.
                              ORDER

The petitioner has filed the present writ petition claiming the benefit of regular pay-scale from the date of initial appointment in the light of the earlier orders passed by this Court.

Learned counsel appearing for the petitioner submits that the same issue has already been decided by order dated 24.08.2009 passed by the M.P. State Administrative Tribunal in O.A.No. 2745/2009 (Madhukant Yadu V/s State of M.P.). The S.L.P. No. 6092/93 preferred against this order was also dismissed by the Supreme Court. -2- WP No.18851/2021 He has also submitted that similar writ petitions have already been disposed of by this Court by

issuing directions in favour of the writ petitioner, hence prays that the concerned respondent be directed to decide the petitioner's claim within a time bound period.

Learned counsel for the respondent has no objection to the same.

In view of the aforesaid, the present writ petition is disposed of by giving liberty to the petitioners to file an appropriate representation to the concerned respondent raising the grievance in respect of the non grant of regular pay-scale/increments from the date of initial appointment. If such a representation is submitted by the petitioners, the concerned respondent will consider and decide it within a period of four weeks from the date of its receipt keeping in view the judgment in the matter of Madhukant Yadu (supra) and any other binding judgment on the point and if the petitioner is found entitled to the said benefit, the concerned respondent would extend such benefit to him without any delay. Any adverse order will be a reasoned speaking order.

The writ petition is accordingly disposed of. Certified copy, as per rules.

(VIVEK RUSIA) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2022.01.19 17:37:45 +05'30'