Kailash Chandra Shinde vs Department Of Tribal Affairs
2022 Latest Caselaw 8501 MP

                                                                        1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT INDORE
                                                                    BEFORE
                                                    HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                               ON THE 27th OF JUNE, 2022

                                                       WRIT PETITION No. 14041 of 2022

                                            Between:-
                                            KAILASH CHANDRA SHINDE S/O SHRI EDU LAL
                                            SHINDE   ,  AGED   ABOUT    64   YEARS,
                                            OCCUPATION: RETIRED PLOT NO. 1400
                                            PUNARWAS COLONY DHARAMPURI TEHSIL
                                            DHARAMPURI (MADHYA PRADESH)

                                                                                                    .....PETITIONER
                                            (BY SHRI L. C. PATNE, ADVOCATE)

                                            AND

                                    1.      DEPARTMENT OF TRIBAL AFFAIRS THROUGH
                                            SECRETARY VALLABH BHAWAN MANTRALAYA
                                            BHOPAL (MADHYA PRADESH)

                                    2.      ASSISTANT COMMISSIONER     OF              TRIBAL
                                            AFFAIRS DHAR (MADHYA PRADESH)

                                    3.      BLOCK    EDUCATION     OFFICER BLOCK
                                            DHARAMPURI TEHSIL DHARAMPURI (MADHYA
                                            PRADESH)

                                    4.      DISTRICT PENSION OFFICER DHAR (MADHYA
                                            PRADESH)

                                                                                                 .....RESPONDENTS
                                            (BY SHRI BHUWAN DESHMUKH, G.A. )

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

With consent heard finally.

Signature Not Verified SAN The petitioner has filed the present writ petition claiming the benefit of Digitally signed by PANKAJ PANDEY Date: 2022.06.28 10:49:37 IST regular pay-scale from the date of initial appointment in the light of the earlier

orders passed by this Court.

Counsel appearing for the petitioner submitted that the same issue has already been decided by order dated 24/08/1992 passed by the M.P. State Administrative Tribunal in O.A. No.2745/2009 (Madhukant Yadu vs. State of M.P.). The S.L.P. No.6092/93 preferred against this order was dismissed by the Supreme Court. He also submitted that similar writ petitions have already been disposed of by this Court by issuing directions in favour of the writ petitioners.

Counsel for the petitioner has submitted that the concerned respondent be directed to decide the petitioner's claim within a time bound period.

Counsel for the respondents has no objection to the same. In view of the aforesaid, the present writ petition is disposed of 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 receipt keeping in view the judgment in the matter of Madhukant Yadu (supra) noted above and any other binding judgment on the point and if the petitioner is found to be entitled to the said benefit, the concerned respondent would extend such benefit to her without any delay. Any adverse order will be a reasoned speaking order.

The writ petition is accordingly, disposed of. Certified copy, as per rules.

Signature Not Verified SAN

Digitally signed by PANKAJ PANDEY Date: 2022.06.28 10:49:37 IST (SUBODH ABHYANKAR) JUDGE

Pankaj

Signature Not Verified SAN

Digitally signed by PANKAJ PANDEY Date: 2022.06.28 10:49:37 IST