Uttam Chand Jain vs The State Of Madhya Pradesh
2023 Latest Caselaw 5442 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                  ON THE 1 st OF APRIL, 2023
                                             WRIT PETITION No. 22488 of 2021

                          BETWEEN:-
                          UTTAM CHAND JAIN S/O SHRI GULJHARI LAL JAIN,
                          AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
                          ASSISTANT TEACHER R/O WARD NO. 7, VILLAGE AND
                          POST REHLI TEHSIL REHLI DISTRICT SAGAR (MADHYA
                          PRADESH)

                                                                                           .....PETITIONER
                          (BY MS. VANDANA TRIPATHI - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL SECRETARY SCHOOL EDUCATION
                                DEPARTMENT MANTRALAYA VALLABH BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          2.    DISTRICT    EDUCATION     OFFICER, SAGAR,
                                DISTRICT SAGAR (MADHYA PRADESH)

                          3.    BLOCK EDUCATION OFFICER, R E H L I BLOCK
                                REHLI, DISTRICT SAGAR (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                          (BY SHRI DEVDATT BHAVE - PANEL LAWYER)

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

The present petition under Article 226 of the Constitution of India is filed by Petitioner Uttam Chand Jain seeking following relief(s):-

"(i) Hon'ble Court may kindly be pleased to direct the respondents authorities to consider and decide the representation Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/1/2023 7:39:27 PM

dated 15.6.21 made by the petitioner contained in Annexure P/4 by a speaking and reasoned order within a time bound frame in light of the Judgment of Hon'ble Apex Court as well as this Hon'ble Court contained in Annexure P/2 & P/3 in the interest of justice.

(ii) Any other wit, order or direction, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may also kindly be passed, in the interest of justice."

It is contended by learned counsel for the petitioner that the petitioner was superannuated on 30.06.2020. He is seeking increment which comes into force on 1st of July of any year and, therefore, he be given the benefit of

increment to be payable on 1st of July.

Learned Panel Lawyer for the State informs this Court that the matter is pending before Full Bench of this Court in W.P. No.4118/2020. He also refers pendency of SLP (C) No.8219/2020.

Considering the rival submissions of learned counsel appearing for the parties, this petition can be disposed of with a direction to the respondents/authorities that if the issue pending before the Full Bench and the Supreme Court has been decided in favour of the petitioner and if petitioner is found entitled to get the benefit of increment payable on 1st of July of any year immediate or subsequent to his retirement on 30th June of that year then benefit o f one annual increment be added in favour of the petitioner with effect from 01.07.2020 upto 30.6.2021. Needless to say that such benefit be extended to the petitioner only if he informs the concerned authorities about the such order(s). It is made clear that the case of the petitioner may be considered then and there only so that he may not have to approach this Court again for the same relief. It is further clarified that if petitioner is found not entitled for such benefit then his Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/1/2023 7:39:27 PM

case shall be dealt with accordingly.

In above terms, this writ petition stands disposed of.

(VIVEK AGARWAL) JUDGE @shish

Signature Not Verified Signed by: ASHISH KUMAR JAIN Signing time: 4/1/2023 7:39:27 PM