Shivram Mandloi vs Tribal Development Department
2022 Latest Caselaw 8429 MP

                                                                               1
                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                            BEFORE
                                                           HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                       ON THE 24th OF JUNE, 2022

                                                               WRIT PETITION No. 13956 of 2022

                                                    Between:-
                                                    SHIVRAM MANDLOI S/O SHRI SHOBHARAM
                                                    MANDLOI , AGED ABOUT 62 YEARS,
                                                    OCCUPATION:  SERVICE  GOVT.   MIDDLE
                                                    SCHOOL, KUNDAMAL, (MADHYA PRADESH)

                                                                                                            .....PETITIONER
                                                    (BY MS. ARCHANA UPADHYAY - ADVOCATE)

                                                    AND

                                            1.      STATE      OF      M.P. THROUGH  PRINCIPAL
                                                    S E C R E T A R Y , TRIBAL    DEVELOPMENT
                                                    DEPARTMENT VALLABH BHAWAN BHOPAL
                                                    M.P. (MADHYA PRADESH)

                                            2.      ASSISTANT    COMMISSIONER     TRIBAL
                                                    DEVELOPMENT      DEPARTMENT BARWANI
                                                    (MADHYA PRADESH)

                                            3.      PRINCIPAL GOVT. BOYS HIGHER SECONDARY
                                                    SCHOOL THIKRI (MADHYA PRADESH)

                                                                                                         .....RESPONDENTS
                                                    (BY SHRI ADITYA GARG -GOVT ADVOCATE)

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

The petitioner has filed the present writ petition claiming the benefit of regular pay-scale from the date of initial appointment in the light of the earlier orders passed by this Court.

Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.06.24 18:09:48 IST Learned counsel appearing for the petitioner submits that the same issue has already been decided by order dated 24.08.2009 passed by the M.P. State

Administrative Tribunal in O.A.No. 2745/2009 (Madhukant Yadu V/s State of M.P.). The S.L.P. No. 6092/93 preferred against this order was also dismissed by the Supreme Court. He has also submitted that similar writ petitions have already been disposed of by this Court by issuing directions in favour of the writ petitioner, hence prays that the concerned respondent be directed to decide the petitioner's claim within a time bound period.

Learned counsel for the respondent has no objection to the same. In view of the aforesaid, the present writ petition is disposed off by giving liberty to the petitioner to file an appropriate representation to the concerned respondent raising the grievance in respect of the non grant of

regular pay-scale/increments from the date of initial appointment. If such a representation is submitted by the petitioner, the concerned respondent will consider and decide it within a period of four weeks from the date of its rec eipt keeping in view the judgment in the matter of Madhukant Yadu (supra) and any other binding judgment on the point and if the petitioner is found entitled to the said benefit, the concerned respondent would extend such benefit to him without any delay. Any adverse order will be a reasoned speaking order.

The writ petition is accordingly disposed of. C.c as per rules.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.06.24 18:09:48 IST