Ashadulal Suryavanshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 5552 MP

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR
                           BEFORE
             HON'BLE SHRI JUSTICE ANAND PATHAK
                     ON THE 5 th OF APRIL, 2023
                  WRIT PETITION No. 7780 of 2023

BETWEEN:-
1.    ASHADULAL SURYAVANSHI S/O LATE SHRI
      GIRDHARILAL SURYAVANSHI, AGED ABOUT 63
      Y E A R S , OCCUPATION: RETIRED ASSISTANT
      TEACHER R/O- WARD NO.11, BARGHAT TEHSIL-
      BARGHAT, DISTRICT SEONI (M.P.) (MADHYA
      PRADESH)

2.    KARAN SINGH UIKEY S/O LATE SHRI JHADULAL
      UIKEY, AGED ABOUT 63 YEARS, OCCUPATION:
      RETIRED ASSISTANT TEACHER R/O VILLAGE
      GUDMA POST PINDRAI KALA TEHSIL BARGHAT
      DISTRICT SEONI (MADHYA PRADESH)

                                                          .....PETITIONERS
(BY SMT. VANDANA TRIPATHI - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY SCHOOL EDUCATION
      DEPARTMENT VALLABH BHAWAN, DISTRICT-
      BHOPAL (MADHYA PRADESH)

2.    DISTRICT EDUCATION OFFICER SEONI DISTRICT
      SEONI (MADHYA PRADESH)

3.    BLOCK     EDUCATION   OFFICER   BARGHAT
      DISTRICT SEONI (MADHYA PRADESH)

                                                        .....RESPONDENTS
(BY SMT. G. K. PATEL - GOVERNMENT ADVOCATE)

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

By this petition, filed under Article 226 of the Constitution of India, the petitioners pray for the following reliefs:

(i) Hon'ble Court may kindly be pleased to direct the respondents authorities to consider and decide the representation dated 27.2.2023 made by the petitioners 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 Annexures P/2 and P/3 in the interest of justice.

(ii) Any other writ/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 the submission of learned counsel for petitioners that since matter is pending consideration before the learned Full Bench of this Court, therefore, the petition be disposed of with a direction to the respondents that if the learned Full Bench decides the point in favour of petitioners, then the benefit of increment be given to the petitioners as they retired on 30.6.2022 and therefore they are seeking increments applicable from 1st July of a calendar year.

Learned counsel for respondents referred the fact that matter is pending consideration before the learned Full Bench of this Court.

Considering the submissions that the matter is pending consideration before the learned Full Bench of this Court, instead of keeping the petition pending, this petition is disposed of with a direction to the respondents to consider the case of petitioners once the learned Full Bench decides the controversy in detail and if the petitioners are found entitled to be given the benefit of increments on 1st of July of a calendar year, then the same be awarded to the petitioners within two months thereafter. If the petitioners are not

found fit for the same, then a reasoned order be passed rejecting the claim of petitioners under due intimation to them.

The petition stands disposed of in above terms.

(ANAND PATHAK) JUDGE ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.04.06 10:29:11 +05'30'