Dr. Smt. Rashmi Panwar vs Department Of Higher Education
2022 Latest Caselaw 9508 MP

                                                                              1
                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                            BEFORE
                                                           HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                      ON THE 12th OF JULY, 2022

                                                               WRIT PETITION No. 15054 of 2022

                                                    Between:-
                                                    DR. SMT. RASHMI PANWAR W/O DR. PRADEEP
                                                    S. PANWAR , AGED ABOUT 63 YEARS,
                                                    OCCUPATION: SERVICE 4,UGC QUARTERS,
                                                    JAORA, TEHSIL JAORA (MADHYA PRADESH)

                                                                                                           .....PETITIONER
                                                    (BY SHRI L. C. PATNE, LEARNED COUNSEL)

                                                    AND

                                            1.      DEPARTMENT    OF   HIGHER  EDUCATION
                                                    THROUGHPRINCIPAL SECRETARY TO THE
                                                    GOVT. OFM.P. VALLABH BHAWAN DISTRICT
                                                    BHOPAL (MADHYA PRADESH)

                                            2.      COMMISSIONER OF           HIGHER EDUCATION
                                                    SATPURA  BHAWAN,          BHOPAL  (MADHYA
                                                    PRADESH)

                                            3.      PRINCIPAL GOVERNMENT BHAGAT SINGH PG
                                                    COLLEGE, JAORA, TEHSIL JAORA (MADHYA
                                                    PRADESH)

                                                                                                         .....RESPONDENTS
                                                    (BY SHRI N.S. BHATI, LEARNED GOVT. ADVOCATE)

                                                  T h is petition coming on for orders this day, t h e cou rt passed the
                                            following:
                                                                               ORDER

The petitioner is aggrieved with inaction on the part of the respondents in not extending the benefit of pay band IV i.e. placement in the pay scale of Rs. Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI 37400-67000/- + AGP 9000/- w.e.f. 1.1.2006 instead the same has been Date: 2022.07.12 17:39:29 IST

conferred upon the petitioner w.e.f. 27.7.2006, by notionally considering the

date of grant of selection grade pay scale of Rs. 12000-18300/- to the petitioner w.e.f. 27.7.2003 i.e. after completion of 5 years of service in the senior grade pay scale whereas in the light of the judgment of this Hon'ble Court in the case of Dr. Pradeep S. Panwar v. State of M.P. & Others [W.P. No. 2020/2016, decided on 4.10.2018] as also in terms of Circular dated 13.12.2019, the petitioner was rightly conferred with the benefit of selection grade pay scale of Rs.12000-183000/- after completion of 9 years of service with Ph.D. Degree i.e. w.e.f. 22.10.2000 and various similarly situated persons have been conferred benefit of pay band IV w.e.f. 1.1.2006, pursuant to command of this Hon'ble Court.

The petitioner has submitted representation to the respondent No.2, but the same has not been decided.

Counsel for the State submits that the representation of the petitioner shall be considered and decided by the respondent No.2 in accordance with the law.

Considering the aforesaid submissions, as agreed to, the present petition is disposed off with liberty to the petitioner to file a fresh detailed and comprehensive representation before the respondent No.2 along with the copy of the judgment passed by the High Court in the case of Dr. Pradeep S. Panwar (supra) and also copy of the order passed today in the writ petition within 15 days from today and if such representation is submitted within the aforesaid period, the same shall be considered and decided by the respondent No.2 within a period of two months from the date of submission of the representation.

Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.07.12 17:39:29 IST With the aforesaid, the writ petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.07.12 17:39:29 IST