Pratap Singh Chouhan vs Principal Secretary
2022 Latest Caselaw 13340 MP

                                    1

       IN THE HIGH COURT OF MADHYA PRADESH
                           AT INDORE
                              BEFORE
           HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA

                  ON THE 11th OF OCTOBER, 2022

               WRIT PETITION No. 21774 of 2022

     BETWEEN:-
     PRATAP SINGH CHOUHAN S/O SHRI BHAGWAN SINGH
     CHOUHAN, AGED ABOUT 49 YEARS, OCCUPATION:
     GOVERNMENT SERVICE 8 VIJAY SADAN, SHANTI UNJ
     COLONY DHAR (MADHYA PRADESH)
                                                  .....PETITIONER
     (BY SHRI SHANTANU SHARMA, ADVOCATE)

     AND
   PRINCIPAL SECRETARY FINANCE DEPARTMENT VALLABH
1.
   BHAWAN, BHOPAL (MADHYA PRADESH)
   DISTRICT   TREASURY    OFFICE,  DHAR    ADD.   1,
2.
   COLLECTORATE DHAR (MADHYA PRADESH)
   OFFICE JANPAD PANCHAYAT, LALCHA, DISTRICT UJJAIN
3. ACTING THROUGH COLLECTOR DHAR COLLECTORATE S.O.
   DHAR (MADHYA PRADESH)
                                               .....RESPONDENTS
     (BY SHRI PRADYUMNA KIBE, ADVOCATE FOR STATE)
This petition coming on for order this day, the court passed the
following:
                             ORDER

This petition has been filed by the petitioner under Article 226 of the Constitution of India.

Counsel for the petitioner submits that the present petition may be disposed off in terms of order dated 19.02.2018 passed in Writ Appeal No.37 of 2018.

It is submitted that the issue involved in the present case is covered by the judgment passed by the Full Bench in the case of Manoj Kumar Purohit and Others vs. State of Madhya Pradesh and Others reported in 2016 (1) MPLJ 449, wherein it has been held that the employees entitled for grant of annual increment from the date of qualifying the typing examination.

Counsel for the petitioner further submits that the representation submitted by the petitioner has been rejected by the order dated 30.11.2021 which is a non-speaking order.

On going through the order, this Court finds that the respondents have not taken into consideration the judgment passed by this Court and non-speaking order has been passed.

In view of the aforesaid, the present petition is disposed off with a liberty to the petitioner to submit a detailed and comprehensive representation before the competent authority along with the copy of the orders passed by this Court within the period of one month from today.

If such representation is filed within the aforesaid period, the same shall be considered and decided by the said authority, in

accordance with the law, within the period of two months.

It is made clear that this Court has not expressed any opinion on the merits of the case. The petition is disposed off accordingly.

Certified copy, as per Rules.

                                                   (VIJAY KUMAR SHUKLA)
 Arun/-                                                 JUDGE

Digitally signed by ARUN NAIR
Date: 2022.10.12 18:14:25
+05'30'