Late Shri Samna Ji Khadiya S/O Late ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 6562 MP

                                                                                 1
                                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                                        AT INDORE
                                                                              BEFORE
                                                             HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                         ON THE 2nd OF MAY, 2022

                                                                 WRIT PETITION No. 10000 of 2022

                                                     Between:-
                                                     LATE SHRI SAMNA JI KHADIYA S/O LATE SHRI
                                                     VAR SINGH KHADIYA THROUGH LRS. SMT.
                                                     KANNA KHADIYA W/O LATE SHRI SAMNA JI
                                                     KHADIYA , AGED ABOUT 57 YEARS, OCCUPATION:
                                                     HOUSEWIFE R/O VILLAGE KAKANWANI TEHSIL
                                                     THANDLA     DISTRICT    JHABUA    (MADHYA
                                                     PRADESH)

                                                                                                             .....PETITIONER
                                                     (BY SHRI RAHUL PANCHAL-ADVOCATE)

                                                     AND

                                            1.       THE STATE OF MADHYA PRADESH PRINCIPAL
                                                     SECRETARY   VALLABH  BHAWAN   BHOPAL
                                                     (MADHYA PRADESH)

                                            2.       COM M ISSION ER SATPUDA BHAVAN,           BHOPAL
                                                     (MADHYA PRADESH)

                                            3.       ASSISTANT COMMISSIONER JHABUA (MADHYA
                                                     PRADESH)

                                            4.       BLOCK     EDUCATION              OFFICER THANDLA
                                                     (MADHYA PRADESH)

                                            5.       DISTRICT PENSION OFFICER JHABUA (MADHYA
                                                     PRADESH)

                                                                                                          .....RESPONDENTS
                                                     (BY SHRI AKASH SHARMA-GOVT. ADVOCATE)

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

This petition has been filed by the wife/Legal Representative of the petitioner.

Short grievance of the petitioner in this petition under Article 226 of the Constitution of India is that he has not been extended the benefit of regular pay scale from the initial date of appointment. Signature Not VerifiedDigitally signed by

2. Counsel for the petitioner submits that the matter is covered by order SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.05.04 17:53:18 IST

passed by erstwhile Madhya Pradesh State Administrative Tribunal in the case of

Madhukant Yadu and 56 others v. State of Madhya Pradesh & others in Original Application No.2745/1989 on 24.08.1992 and followed in various cases by this Court. The SLP No.6092/1993 preferred against this order was dismissed by the Supreme Court.

3. The prayer is not opposed by the State's counsel.

4. Accordingly, this petition is disposed off in terms of the aforesaid order passed in Madhukant Yadu and 56 others (supra) and the same shall apply mutatis mutandis. The petitioner shall prefer a detailed representation individually mentioning all the facts, grounds and judgment on which she wants to place reliance and submit the same before the respondents No.2 to 4 within 15 days from today. The said respondents shall be well advised to advert to the representation of the petitioner within twelve weeks therefrom, in accordance with law. In case the petitioner is entitled for the benefits, the same shall be released within the stipulated period; and if found that the petitioner is not entitled for the similar benefit, reasons thereof be communicated to the petitioner.

5. It is made clear that this Court has not expressed any opinion on merit of the case.

Writ Petition is accordingly disposed off.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.05.04 17:53:18 IST