Ram Kumar Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 949 MP

             The High Court Of Madhya Pradesh
                       WP No. 905 of 2022
         (RAM KUMAR PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 19-01-2022
      Heard through Video Conferencing.

      Shri R.K.Patel, Advocate for the petitioner.

      Shri Saurabh Soni, P.L. for the respondent/State.

Heard on the question of admission.

This petition under Article 226 of the Constitution of India has been filed by

the petitioners are seeking direction to the respondent no.5 for extending the benefit

of two advance increments to them, who are trained Teachers and having obtained

the training of B.Ed/B.T.I. on their own expenses as per the circular issued by the

State Govt. and as per the permission granted to them vide letter dated 30.1.1990.

It is further submitted that after obtaining the training of B.Ed/B.T.I. the petitioners

have submitted representations before concerned authorities; but, no action

whatsoever has been taken till date and the same are pending. In such

circumstances, the respondents may be directed to decide the representation in the

light of the judgment of the Apex Court in the case of Asha Saxena Vs. State of

M.P. and others, passed in S.L.P. (Civil) No.18881/2006.

On the other hand, learned Panel Lawyer appearing for the State has no

objection to the innocuous prayer made by the petitioner.

In view of the aforesaid, this petition is disposed of with liberty to the

petitioners to file fresh representations before the authority concerned and if such

representations are filed within 15 days from today, the same shall be considered

and decided by the competent authority in the light of the judgment of the Apex

Court in the case of Asha Saxena (supra). If it is found that petitioners are entitled

for the same benefit flowing from the aforesaid judgment, the same may be

extended to the petitioners. It is made clear that this Court has not expressed any

opinion on the merits of the case.

Petition stands disposed of with the aforesaid direction.

(S. A. DHARMADHIKARI) JUDGE

HSHEMANT SARAF 2022.01.19 16:54:20 +05'30'