Dropadi Shukla vs The State Of Madhya Pradesh
2023 Latest Caselaw 5418 MP

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                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                               ON THE 1 st OF APRIL, 2023
                                            WRIT PETITION No. 6368 of 2023

                           BETWEEN:-
                           DROPADI SHUKLA W/O LATE RAJARAM SHUKLA, AGED
                           ABOUT 70 YEARS, OCCUPATION: HOUSE WIFE R/O
                           VILLAGE AND POST DHANGAWAN(WEST), P.S. AND
                           TEHSIL ANUPPUR, DISTRICT ANUPPUR (MADHYA
                           PRADESH)

                                                                             .....PETITIONER
                           (BY SHRI K.K. BASSI - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY TRIBAL WELFARE
                                 DEPARTMENT MANTRALAYA VALLABH BHAWAN
                                 BHOPAL, M.P. (MADHYA PRADESH)

                           2.    SECRETARY, FINANCE DEPARTMENT, GOVT. OF
                                 M . P . VALLABH BHAWAN, BHOPAL (MADHYA
                                 PRADESH)

                           3.    JOINT DIRECTOR, TREASURY ACCOUNTS AND
                                 PENSION,   SHAHDOL     DIVISION SHAHDOL
                                 (MADHYA PRADESH)

                           4.    ASSISTANT COMMISSIONER, TRIBAL WELFARE
                                 DEPARTMENT,  ANUPPUR DISTRICT ANUPPUR
                                 (MADHYA PRADESH)

                           5.    DISTRICT EDUCATION OFFICER, ANUPPUR
                                 DISTRICT ANUPPUR (MADHYA PRADESH)

                           6.    BLOCK EDUCATION OFFICER, TRIBAL WELFARE
                                 D EPA R TM EN T BLOCK JAITAHARI, TEHSIL
                                 JAITAHARI, DISTRICT ANUPPUR (MADHYA
                                 PRADESH)

                           7.    DISTRICT   TREASURY OFFICER,   ANUPPUR
Signature Not Verified
                                 DISTRICT ANUPPUR (MADHYA PRADESH)
Signed by: APARNA TIWARI
Signing time: 4/3/2023
10:53:46 AM
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                           8.    SANKUL PRINCIPAL, GOVT. HIGHER SECONDARY
                                 SCHOOL, FUNGA DISTRICT ANUPPUR (MADHYA
                                 PRADESH)

                                                                                               .....RESPONDENTS
                           (BY SHRI DILIP PARIHAR - PANEL LAWYER)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                     ORDER

Heard through Video Conferencing.

The instant petition is at the instance of wife of deceased employee and she is seeking benefits through this petition seeking following reliefs:-

"(i) It is, therefore, prayed that this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus commanding the respondents to grant benefits of regular pay scale in favour of petitioner from the date of initial appointment of her husband Late Rajaram Shukla as well as revised Pension within a time bound frame in the light of order passed by the Division Bench of this Hon'ble High Court in the case of Smt. Usha Ranawat, in the interest of justice.

(ii) It is, therefore, prayed that direction may kindly be issued to the respondents to pay all consequential benefits to the petitioner, in the interest of justice.

(iii) Any other writ or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation may kindly be awarded in favour of the petitioner."

Signature Not Verified Petitioner's grievance is that his case is not being considered on the Signed by: APARNA TIWARI Signing time: 4/3/2023 10:53:46 AM

touchstone of the judgment of this Hon'ble High Court (Bench at Indore) in Writ Appeal No.346/2008 (Smt.Usha Ranaut versus State of Madhya Pradesh & Others) decided on 18.12.2008, therefore, he prays for a direction to the competent authority to consider his case on the touchstone of the judgment of this Hon'ble High Court (Bench at Indore) in Writ Appeal No.346/2008 (Smt.Usha Ranaut versus State of Madhya Pradesh & Others) decided on 18.12.2008 and if the petitioner's case is found to be similar then extend him the benefit of grant of increment from the date of his initial joining.

Learned Government Advocate has no objection to the prayer made by learned counsel for the petitioner.

Accordingly, this writ petition can be disposed of with a direction that in case the petitioner files a fresh representation to the concerned respondent within fifteen days from today alongwith certified copy of this order then the competent authority shall consider and decide such representation within a further period of sixty days having regard to the judgment of this Hon'ble High Court (Bench at Indore) in Writ Appeal No.346/2008 (Smt.Usha Ranaut versus State of Madhya Pradesh & Others) decided on 18.12.2008. This Court has not expressed any opinion on the merits of the case.

In above terms, this writ petition is disposed of.

(ANAND PATHAK) JUDGE AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 4/3/2023 10:53:46 AM