Surendra Nimbalkar vs The State Of Madhya Pradesh
2022 Latest Caselaw 8842 MP

                                                           1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                    ON THE 4th OF JULY, 2022

                                          WRIT PETITION No. 13421 of 2022

                               Between:-
                               SURENDRA NIMBALKAR S/O SHRI SAKHARAM
                               NIMBALKAR, AGED ABOUT 49 YEARS,
                               OCCUPATION: LABOUR R/O OLD SEHORE
                               NAKA,   BAIRAGARH,  BHOPAL,   DISTRICT
                               BHOPAL (MADHYA PRADESH).

                                                                                     .....PETITIONER
                               (BY SHRI SANJAYRAM TAMRAKAR, ADVOCATE)

                               AND

                      1.       THE STATE OF MADHYA PRADESH THROUGH
                               ITS    SECRETARY    PUBLIC    HEALTH
                               ENGINEERING    DEPARTMENT    VALLABH
                               BHAWAN BHOPAL (MADHYA PRADESH).

                      2.       ENGINEER IN CHIEF, PUBLIC HEALTH
                               ENGINEERING       DEPARTMENT, SATPUDA
                               BHAWAN, BHOPAL (MADHYA PRADESH)

                      3.       EXECUTIVE ENGINEER      PUBLIC HEALTH
                               ENGINEERING        DEPARTMENT CAPITAL
                               PROJECT DIVISION NO. 2, BHOPAL (MADHYA
                               PRADESH).

                                                                                   .....RESPONDENTS
                               (BY SHRI LALIT JOGLEKAR, GOVERNMENT ADVOCATE)

                            This petition coming on for admission this day, th e court passed the
                      following:
                                                           ORDER

Petitioner has filed this petition under Article 226 of the Constitution of

Signature SAN Not India making a prayer that petitioner be given minimum of pay scale from date Verified

Digitally signed by of his initial appointment. VINOD KUMAR TIWARI Date: 2022.07.05 12:31:40 IST

I t is submitted by learned counsel appearing for the petitioner that petitioner was made permanent employee on 24.07.2007 and said status was conferred from 1991. It is also submitted by counsel appearing for petitioner that representation of petitioner is also pending for consideration. Learned counsel appearing for the petitioner relied on judgment of Apex Court in case of Ram Naresh Rawat Vs. Ashwini Rai and others reported in 2016 (8) SCC 733 and on strength of said judgment, made a prayer for granting aforesaid relief.

Learned Government Advocate appearing for the respondents/State submits that representation of petitioner shall be considered and decided in

accordance with law.

In view of aforesaid facts and circumstances of the case, writ petition filed by petitioner is disposed off with direction to respondent No.2 to consider and decide the representation of petitioner by passing a reasonable and speaking order within period of 90 days from the date of receipt of the certified copy of the order and shall also consider the judgment of Apex Court in the case of Ram Naresh Rawat (supra).

The petitioner is directed to file fresh representation along with relevant documents before appropriate Authority within a period of fifteen days from the receipt of the certified copy of the order.

No opinion is expressed on the merits of the case. With aforesaid direction, writ petition is disposed off. C.C. as per rules.

Signature
 SAN      Not
Verified

Digitally signed by
VINOD KUMAR                                                                          (VISHAL DHAGAT)
TIWARI
Date: 2022.07.05
12:31:40 IST

                                JUDGE
                      vkt




Signature
 SAN      Not
Verified

Digitally signed by
VINOD KUMAR
TIWARI
Date: 2022.07.05
12:31:40 IST