Rajendra Kumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3741 MP

                                                                                1
                                                 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                                             BEFORE
                                                            HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                      ON THE 16th OF MARCH, 2022

                                                                 WRIT PETITION No. 4830 of 2022

                                                    Between:-
                                                    RAJENDRA KUMAR S/O SHRI KALURAM JI
                                                    GUPTA, AGED ABOUT 62 YEARS, OCCUPATION:
                                                    RETD. GOVT. SERVANT 194, OLD HOUSING BOARD
                                                    COLONY, BARWANI (MADHYA PRADESH)

                                                                                                              .....PETITIONER
                                                    (BY SHRI SHASHANK KUMAR PATHAK, ADVOCATE )

                                                    AND

                                            1.      THE STATE OF MADHYA PRADESH PRINCIPAL
                                                    SECRETARY,
                                                    TRIBAL DEVELOPMENT DEPARTMENT, VALLABH
                                                    BHAWAN, BHOPAL (MADHYA PRADESH)

                                            2.      COMMISSIONER,
                                                    TRIBAL DEVELOPMENT SECRETARY VALLABH
                                                    BHAWAN, BHOPAL (MADHYA PRADESH)

                                            3.      ASST. COMMISSIONER,
                                                    TRIBAL   DEVELOPMENT BARWANI              (MADHYA
                                                    PRADESH)

                                            4.      BLOCK EDUCATION OFFICER,
                                                    T.D. BLOCK PATI, BARWANI (MADHYA PRADESH)

                                            5.      DISTRICT PENSION OFFICER,
                                                    TREASURY,    ACCOUNTS     AND PENSION
                                                    DEPARTMENT BARWANI (MADHYA PRADESH)

                                                                                                            .....RESPONDENTS
                                                    (BY MS.VINITA PHAYE, GOVERNMENT ADVOCATE )

                                                  T h is petition coming on for admission this day, the court passed the
                                            following:
                                                                                 ORDER

At the outset, learned counsel for the petitioner submits that the present petition may be disposed off in terms of order dated 11.02.2022 passed by this Court in WP No.3104/2022 (Smt.Sarla Vs. State of MP).

The petitioner before this Court has filed the present petition claiming the benefit of Fundamental Rule 22-D on account of his promotion from the post of Signature Not VerifiedDigitally signed by SAN SOURABH YADAV Date: 2022.03.16 17:26:26 IST Upper Division Teacher to Head Master.

Learned counsel for petitioner at the outset has stated before this Court that

a circular has been issued by the State Government dated 31st December 2011 and the respondents are required to consider the case of the petitioner in light of the aforesaid circular and in light of the judgment delivered in the case of State of M.P. & One Another Vs. Dayaram Patidar (W.P. No.1104/2011) decided on

04.10.2012.

Learned Government Advocate for the respondents has fairly stated before this court that the respondents shall be considering the case of petitioner and shall be passing appropriate orders in accordance with law keeping in view the aforesaid circular issued by the State Government.

Resultantly, without averting to the merits of the case, this petition is disposed of with a liberty to the petitioner to submit a detailed representation afresh to the Assistant Commissioner Tribal Development Department, District- Barwani, furnishing all minutes service details with a prayer to grant the benefit on account of his promotion from the post of Upper Division Teacher to Head Master in light of FR-22D. In case a representation is submitted by petitioner, the respondent No. 3 Assistant Commissioner, Tribal Affairs, Department, District- Barwani, shall pass appropriate orders keeping in view the circular dated 31st December 2011 and the judgment delivered in case of State of M.P. Vs. Dayaram Patidar (Supra). It is needless to mention that the representation includes a copy o f the aforesaid circular and the judgment delivered in the case of Dayaram Patidar. The exercise of deciding the case of the petitioner be concluded within a period of three months from the date of receipt of such representation. In case the petitioner is found eligible by the competent authority, the respondent-authorities are directed to release the amount within a period of two months thereof.

With the aforesaid, this writ petition stands disposed of. No order as to costs.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh Signature Not Verified VerifiedDigitally Digitally signed by SAN SOURABH YADAV Date: 2022.03.16 17:26:26 IST