Dinesh Kumar Mishra vs The State Of Madhya Pradesh
2022 Latest Caselaw 7128 MP

                                1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                               BEFORE
                 HON'BLE SHRI JUSTICE ANAND PATHAK
                        ON THE 11th OF MAY, 2022

                 WRIT PETITION No. 10637 of 2022

        Between:-
        DINESH   KUMAR     MISHRA   S/O  LATE
        RISHESHWAR DAYAL, AGED 65 YEARS,
        OCCUPATION: RETIRED WATER WORKS BHIND
        (MADHYA PRADESH)

                                                          .....PETITIONER
        (BY SHRI BP SINGH - COUNSEL )

        AND

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

2.      ENGINEER    IN  CHIEF WATER RESOURCE
        D EPARTM EN T JAL SANSADHAN BHAWAN
        TULSI NAGAR BHOPAL (MADHYA PRADESH)

3.      CHIEF ENGINEER YAMUNA BASIN, WATER
        RESOURCE DEPARTMENT CHAMBAL COLONY
        THATIPUR  MORAR   GWALIOR  (MADHYA
        PRADESH)

4.      SUPERINTENDING ENGINEER (NODEL) WATER
        RESOURCE DEPARTMENT CIRCLE GWALIOR
        (MADHYA PRADESH)

5.      EXECUTIVE ENGINEER WATER RESOURCE
        D EPARTM EN T DIVISION BHIND (MADHYA
        PRADESH)

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

      This petition coming on for Admission this day, the court passed the
following:
                                 ORDER

Instant petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following reliefs:

(i). That, the impugned order dated 8.12.2020 Annexure P-1 may kindly be declared as illegal and the same may kindly be quashed and a direction may kindly be given to the respondents to pay the minimum of the graded pay scale to the petitioner of the classified post from the date of his classification as held by the Hon'ble Supreme Court in the case of Ram Naresh Rawat.

(ii). Any other relief, which this Hon'ble Court may deem fit and proper, may also be given to the petitioner."

At the outset, learned counsel for the petitioner placed the judgment dated 26.08.2021 (bunch of petitions in which W.P. No.4018/2020(s) Kamta Prasad Vs. State of M.P. and others , is the leading case) and submitted that issue in question is squarely answered by the said judgment and in pursuance thereof, certain more orders have been passed. He relied upon the orders dated 03.01.2022 passed in W.P. No.28015/2021 and 27.01.2022 passed in W.P. No.16505/2017 by the Principal Seat, Jabalpur and seeks parity.

Learned Government Advocate for the respondent/State fairly submitted that issue involves in identical vis-a-vis cases referred above.

Heard.

In view of the aforesaid, this petition is finally disposed of in terms of the order dated 26.08.2021 passed in W.P. No.4018/2020. Directions as contained therein, shall be made applicable mutatis mutandis to the facts and circumstances of the present case. Parties to act accordingly.

It is made clear that if the writ appeal preferred against the order dated 26.08.2021, passed in W.P. No.4018/2020 which is pending consideration, is

ultimately allowed and imposition of cost if is waived of, then respondents shall not have to pay cost of Rs.10,000/- to the petitioner, else State shall have to pay in case of dismissal of writ appeal.

Petition stands allowed and disposed of in above terms.

(ANAND PATHAK) JUDGE AK/-

ANAND KUMAR 2022.05.13 10:00:10 +05'30'