Sevaram Uike vs The State Of Madhya Pradesh
2022 Latest Caselaw 9309 MP

                                                    1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                   BEFORE
                                     HON'BLE SMT. JUSTICE NANDITA DUBEY
                                            ON THE 11th OF JULY, 2022

                                      WRIT PETITION No. 10754 of 2022

                           Between:-
                           SEVARAM UIKE S/O SHRI MOHANLAL UIKE,
                           AGED   ABOUT   63  YEARS, OCCUPATION:
                           RETIRED SUB TEACHER GOVT. PRIMARY
                           SCHOOL BAMHANI, BLOCK NIWAS DISTRICT
                           MANDLA (MADHYA PRADESH)

                                                                               .....PETITIONER
                           (BY SHRI SUBHASH PATEL, ADVOCATE)

                           AND

               1.          THE STATE OF MADHYA PRADESH THROUGH
                           ITS    SECRETARY    TRIBAL   AFFAIRS
                           DEPARTMENT VALLABH BHAWAN BHOPAL
                           (MADHYA PRADESH)

               2.          THE   COMMISSIONER    TRIBAL  AFFAIRS
                           D EPARTM EN T SATPURA BHAWAN, BHOPAL
                           ,M.P.

               3.          THE JOINT DIRECTOR, TREASURY ACCOUNTS
                           AND PENSION, JABALPUR DIVISION-JABALPUR
                           (M.P.)

               4.          ASSISTANT COMMISSIONER TRIBAL AFFAIRS
                           DEPARTM ENT,M ANDLA DISTRICT MANDLA
                           (M.P.)

               5.          DISTRICT   TREASURY          OFFICER MANDLA,
                           DISTRICT MANDLA (M.P.)

               6.          BLOCK EDUCATION OFFICER, NIWAS DISTRICT
                           MANDLA (MADHYA PRADESH)

                                                                            .....RESPONDENTS
Signature Not Verified     (BY MS. PRIYANKA MISHRA, GOVT. ADVOCATE)
Signed by: JITIN KUMAR
CHOURASIA
Signing time: 7/11/2022
4:09:37 PM
                          This petition coming on for admission this day, th e court passed the
                                                        2
              following:
                                                         ORDER

The petitioner is seeking regularization of the pay-scale from the date of his initial appointment along with all the benefits accruing therefrom. He has based his case to be dealt on parity to dictum laid down by the Apex Court in Civil Appeal No. 930/2008 (State of M.P.and others Vs. Pankaj Saxena) decided on 19th February, 2015.

Under the circumstances, this petition is disposed of with a direction to the petitioner to move a fresh representation before the authority concerned inter-alia praying that he be granted the similar relief as has been granted to the appellants in Civil Appeal No.930/2008. If such a representation is moved by

the petitioner before the authority concerned, it is requested to decide the said representation in light of the decision rendered by the Apex Court in the aforesaid Appeal and if the case of the petitioner is covered by the aforesaid judgment of the Apex Court, then similar relief be also extended to the petitioner herein.

Let this exercise be done within a period of 8 weeks from the date of filing of such a representation by the petitioner, by a reasoned order and shall communicate the outcome of its decision to the petitioner.

It is made amply clear that this Court is not expressing any opinion regarding the merits of the case of the parties and the authority concerned is further requested to deal with the said representation of the petitioner, strictly in accordance with law.

With the aforesaid, the petition is finally disposed of. Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 7/11/2022 4:09:37 PM (NANDITA DUBEY)

JUDGE jk

Signature Not Verified Signed by: JITIN KUMAR CHOURASIA Signing time: 7/11/2022 4:09:37 PM