Vashudev Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 13444 MP

                         IN THE HIGH COURT OF MADHYA PRADESH
                                      AT GWALIOR
                                                 BEFORE
                          HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                     ON THE 12th OF OCTOBER, 2022

                                  WRIT PETITION No. 4403 of 2022

                  BETWEEN:-
                  VASHUDEV SHARMA S/O LATE SHRI RAJARAM
                  SHARMA, AGED ABOUT 55 YEARS, OCCUPATION:
                  SERWVICE ACHALNATH COLONY SIROL ROAD
                  MORAR (MADHYA PRADESH)

                                                                                 .....PETITIONER
                  (BY SHRI DEVESH SHARMA - ADVOCATE )

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

         2.       CHIEF  ENGINEER   YAMUNA               KACHAR        WRD.
                  GWALIOR (MADHYA PRADESH)

         3.       EXECUTIVE ENGINEER HARSI WRD. SAMBHAG
                  DABRA (MADHYA PRADESH)

                                                                               .....RESPONDENTS
                  (BY SHRI ROHIT SHRIVASTAVA - PANEL LAWYER)

               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 relief:

1. That, the impugned action and order of respondents dated 24.12.2021 Annexure P/1 may kindly be declared as illegal and the same may kindly be quashed.

2. That, a direction may kindly be given to the respondents to give the service benefit and pay scale of the post of the permanent classified Driver from the date of his classification as permanent employee to the petitioner. And pay the arrears of salary on fixation of pay alongwith all consequence benefits with interest from the date of his classification.

3. That, the respondents may further be directed to implement the direction/order passed by the Hon'ble High Court, in W.P./3026/2021, dated

1 of 2 11.02.2021.

4. That, the respondents may further be directed to treat the petitioner at par with their similarly placed co-employees with seniority and consequential benefits on the post of Driver from the date of his classification.

5. That, any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner alongwith costs.

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 respondents/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.

Petition stands allowed and disposed of in above terms.

(MILIND RAMESH PHADKE) JUDGE neetu

NEETU Digitally signed by NEETU SHASHANK DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

SHAS st=Madhya Pradesh, 2.5.4.20=36b486bb0d381b950e435e c09e066bc6b58cb947c1474b7dc349 a1cf27eaa2ce, pseudonym=C09AF52B2B8D28DBCF F3D4A07CC4C71E915C48FC,

HANK serialNumber=E60A9BBFC39E0EE500 EAADE1E0B3B8565CB3A7DC9F5CD0 48197DF0FF3149AE58, cn=NEETU SHASHANK Date: 2022.10.12 18:55:12 +05'30'

2 of 2