Somji Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8938 MP

                                                 1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                 BEFORE
                                   HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                          ON THE 5th OF JULY, 2022

                                   WRIT PETITION No. 14235 of 2022

                           Between:-
                      1.   SOMJI SINGH S/O SHRI CHIKKU SINGH , AGED
                           ABOUT 64 YEARS, OCCUPATION: RETIRED
                           HEAD MASTER GOVERNMENT PRIMARY
                           SCHOOL GHISIBAGLA TEHSIL- SHAHPUR,
                           DISTRICT- BETUL, M.P. (MADHYA PRADESH)

                      2.   RAMRAO S/O SADASHIV SURYAVANSHI , AGED
                           ABOUT 65 YEARS, OCCUPATION: RETIRED
                           UPPER DIVISION TEACHER GOVT. HIGHER
                           SECONDARY MIDDLE SCHOOL CHILKAPUR
                           TEHSIL BHAINSDEHI DISTRICT BETUL M.P.
                           (MADHYA PRADESH)

                                                                        .....PETITIONERS
                           (BY SHRI JITENDRA ARYA, ADVOCATE)

                           AND

                      1.   THE STATE OF MADHYA PRADESH TRIBAL
                           WELFARE DEVELOPMENT THROUGH THE
                           SECRETARY VALLABH BHAWAN BHOPAL M.P.
                           (MADHYA PRADESH)

                      2.   THE   FINANCE    DEPARTMENT THROUGH
                           SECRETARY VALLABH BHAWAN BHOPAL M.P.
                           (MADHYA PRADESH)

                      3.   THE   ASSISTANT  COMMISSIONER TRIBAL
                           WELFARE    DEVELOPMENT   DEPARTMENT
                           BETUL DISTRICT BETUL M.P. (MADHYA
                           PRADESH)

                      4.   BLOCK    EDUCATION      OFFICER  SCHOOL
                           EDUCATION            DEPARTMENT SHAHPUR
                           DISTRICT BETUL M.P. (MADHYA PRADESH)

Signature Not
 SAN
Verified              5.   BLOCK    EDUCATION     OFFICER   SCHOOL
                           EDUCATION       DEPARTMENT BHAINSDEHI
Digitally signed by        DISTRICT BETUL M.P. (MADHYA PRADESH)
ARVIND KUMAR
DUBEY
Date: 2022.07.05
17:01:58 IST
                                                            2
                                                                                       .....RESPONDENTS
                               (BY SHRI YASH SONI, GOVERNMENT ADVOCATE)

                            Th is petition coming on for hearing this day, th e court passed the
                      following:
                                                            ORDER

Petitioners have filed this writ petition under Article 226 of the Constitution of India making a prayer that petitioners are entitled for regular pay scale from the initial date of appointment.

Counsel for the petitioners relied on the judgment reported in Usha Ranawat Vs. State of M.P. and others passed in Writ Appeal No. 346/2008 dated 18.12.2008. It is submitted that respondents may be directed to consider

and decide representation of petitioners in accordance with law.

Government Advocate appearing for the State submitted that there is delay in filing of the writ petition, therefore, petitioners may not be given benefit and petition may be dismissed.

Heard learned counsel for the parties.

Petitioners are having recurring cause of action, however, there is delay on their part in approaching the Court.

In view of same, respondents are directed to consider representation of petitioners for granting benefit of regular pay scale from the date of their initial appointment. However, petitioners will only be entitled for arrears for period of last three years from date of filing of petition if petitioners are found fit for said benefit. Fresh representation will be filed by the petitioners within a period of seven days which shall be considered and decided by the respondents within further period of 90 days.

Signature
 SAN      Not
Verified

No opinion is expressed on the merits of the case. Digitally signed by ARVIND KUMAR DUBEY With the aforesaid direction, Writ Petition is disposed off. Date: 2022.07.05 17:01:58 IST

(VISHAL DHAGAT) JUDGE DUBEY/-

Signature
 SAN      Not
Verified

Digitally signed by
ARVIND KUMAR
DUBEY
Date: 2022.07.05
17:01:58 IST