Ishwar Singh Rajpoot vs The State Of Madhya Pradesh
2022 Latest Caselaw 3880 MP

                          1
                 HIGH COURT OF MADHYA PRADESH
                          W.P.No.14363/2021
  (Ishwar Singh Rajpoot & Others Vs. The State of M.P. & Others)

Gwalior Bench : Dated : 21.03.2022

      Shri Alok Bandhu Shrivastava, learned counsel for the petitioner.

      Shri Jitesh Sharma, learned Govt. Advocate for the State.

      The petitioner has filed the petition under Article 226 of the

Constitution of India seeking following reliefs:-

            "(1) That, the respondent authorities may

kindly be directed to give the benefits of pay scale of 950-1530 w.e.f. 01.01.1986 and benefit of pay scale of 3050-4590 w.e.f.

01.01.1996 and subsequent revised pay scale and also arrear of pay and allowances with effect from date of eligibility to the present petitioners in the interest of justice.

2. That direct respondents to comply with direction of Hon'ble High Court as has been given in Annexure P/2 to P/6 with in stipulated time be deemed proper by this Hon'ble Court and also arrear of pay and allowances with interest with effect from date of eligibility or as is applicable in the case of individual petitioners.

3. Direct the respondent to decide the representations of petitioner which is pending before respondents.

4. Issue any others writ order or direction in the nature of writ under Article 226 of the Constitution of India as this Hon'ble Court may deem fit in facts and

HIGH COURT OF MADHYA PRADESH W.P.No.14363/2021 (Ishwar Singh Rajpoot & Others Vs. The State of M.P. & Others)

circumstances of the case."

The petitioners who were appointed on the post of Time

Keeper/Sthal Sahayak under work charge establishment in the Water

Resources Department have approached this Court for a limited relief

of the nature of writ of mandamus commanding the respondents to

decide his representation in the light of the judgment rendered by this

Court in W.P.No.16741/2003 (Annexure P/1), whereunder according to

the petitioner similarly situated employees have been given the benefit

of pay scale 515-800 and corresponding pay scale revised from time to

time.

After arguing for a while, learned counsel for the petitioners

placed the order in W.P.No.4413/2008 (Lekh Singh Yadav & another

Vs. State of M.P. and others decided by the Coordinate Bench,

Principal Seat Jabalpur, wherein relying upon the judgment passed by

the Court in W.P.No.16054/2003 (A.L.Thakur and others Vs. State

of M.P. and others, certain directions for consideration were given.

Therefore, he seeks the same directions.

Learned counsel for the State opposed the prayer on the ground

that the petitioners are trying to get the benefit of the order passed at

larger stage of service after retirement of the petitioners. Petitioners

gave undertaking regarding no objection about the benefit. He received

so far in service. Therefore, no case is made out.

HIGH COURT OF MADHYA PRADESH W.P.No.14363/2021 (Ishwar Singh Rajpoot & Others Vs. The State of M.P. & Others)

Considering the submission and innocuous prayer made by the

petitioners for consideration to his representation, without commenting

upon the submissions so advanced, the petitioners are set at liberty to

approach respondents/concerned authorities seeking audience on the

aforesaid plea of parity alongwith relevant documents.

Respondents/concerned shall consider the representation and other

documents, if not already decided, and shall take a decision themselves

or forward the same to the competent authority for decision thereupon.

With the aforesaid, writ petition stands disposed of.

It is made clear that the matter shall be decided on its own merits

and the documents/undertaking submitted by the petitioner.

                                                                (Anand Pathak)
AK/-                                                                Judge
       ANAND KUMAR
       2022.03.22
       09:45:32 +05'30'