Saiduddin vs The State Of Madhya Pradesh
2022 Latest Caselaw 3936 MP

            HIGH COURT OF MADHYA PRADESH
                              1                           W.P.No.1676/2022


                 Saiduddin & Ors.Vs. State of M.P. & Ors.

Gwalior Bench Dated; 22.03.2022

      Shri Tajuddin Khan, learned counsel for the petitioner.

      Shri Devendra Chaubey, learned Government Advocate for the

respondents/State.

With consent heard finally.

1. The present petition under Article 226 of the Constitution of

India has been preferred by the petitioner seeking following

reliefs:

"(i) That, the respondents may kindly be ordered and directed to grant the benefit of 7 th pay commission scale with arrears from their respective dates of classification.

(ii) That, any other, order/direction as this Hon'ble Court may deem fit, may kindly be granted in favour of the petitioner.

(iii) That, the cost of this petition, may kindly be granted in favour of the petitioner in the interest of justice."

2. Matter pertains to non-grant of benefits of 7th Pay Commission

to the petitioner who according to petitioner is a classified

employee whereas he is already receiving the benefit of 6 th Pay

Commission. Learned counsel for the petitioner submits that the

issue involved in this petition is no more res integra and it has

already been decided by the Hon'ble Apex Court in the matter of HIGH COURT OF MADHYA PRADESH

State of M.P. Vs. Dilip Singh Patel, (2017) 3 SCC 455 that the

classified employees will be entitled to minimum of

corresponding pay scale and other benefits. Thus, prayed for

issuance of direction to the respondents to decide his

representation/claim.

3. Learned counsel for the respondents/State fairly submits that if

any representation is preferred by the petitioner then same shall

be taken care of by the respondent authorities.

4. Heard.

5. Considering the submission and fact situation of the case, this

petition is disposed of in the following terms:

(i) Petitioner shall prefer a representation along with this

order before the competent authority mentioning all the

grounds before the competent authority within 15 days

from the date of receipt of certified copy of this order.

(ii) In turn, the said respondent/competent authority shall

consider and decide the representation of the petitioner

within three months taking into account grievances of the

petitioner and the judgment of Apex Court in the matter of

Dilip Singh Patel (supra) and pass a reasoned order

under due intimation to the petitioner.

(iii) In case petitioner is found entitled to the benefits then the

same shall be extended to him within a further period of HIGH COURT OF MADHYA PRADESH

three months.

6. It is made clear that this Court has not expressed his opinion on

the merits of the case.

7. Petition stands disposed of with above terms.

                                                      (Anand Pathak)
Anil*                                                    Judge

        ANIL KUMAR
        CHAURASIYA
        2022.03.14
        22:39:55
        -07'00'