Smt. Sandhya Singh D/O Late Shri ... vs The State Of Mp
2023 Latest Caselaw 6060 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 13 th OF APRIL, 2023
                                           WRIT PETITION No. 5457 of 2023

                          BETWEEN:-
                          1.    SMT. SANDHYA SINGH D/O LATE SHRI V.P. SINGH
                                W/O SHRI T.P. SINGH, AGED ABOUT 46 YEARS,
                                OCCUPATION: POST U.D.T. AT GOVT. H.S. S.
                                SCHOOL MANGALANI BLOCK AND TEHSIL
                                NARAYANGANJ DISTRICT MANDLA (MADHYA
                                PRADESH)

                          2.    GHINVA SINGH KULASTE S/O SHRI SUNSAY,
                                AGED    ABOUT    55  YEARS, OCCUPATION:
                                ASSISTANT TEACHER, GOVT. MIDDLE SCHOOL
                                DALAKHAPA,     BLOCK     AND     TEHSIL
                                NARAYANGANJ, DISTRICT MANDLA (MADHYA
                                PRADESH)

                          3.    NANHU SINGH NETAM S/O SHRI BALDEV SINGH
                                NETAM, AGED ABOUT 61 YEARS, OCCUPATION:
                                ASSISTANT TEACHER, GOVT. MIDDLE SCHOOL
                                DOBHI, BLOCK AND TEHSIL NARAYANGANJ,
                                DISTRICT MANDLA (MADHYA PRADESH)

                          4.    GHANSHYAM SINGH UIKEY S/O SHRI CHAMRU
                                SINGH UIKEY, AGED ABOUT 58 YEARS,
                                OCCUPATION: ASSISTANT TEACHER, MIDDLE
                                SCHOOL DALAKHAPA, BLOCK AND TEHSIL
                                NARAYANGANJ, DISTRICT MANDLA (MADHYA
                                PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI SANJAY KUMAR SAINI - ADVOCATE)

                          AND
                          1.    THE STATE OF MP THROUGH THE SECRETARY
                                TIRBAL WELFARE DEPARTMENT MINISTRY
                                VALLABH BAHWAN BHOPAL (MADHYA PRADESH)

                          2.    THE      COMMISSIONER, TRIBAL       WELFARE
                                D EPARTM EN T DISTRICT BHOPAL       (MADHYA
                                PRADESH)
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 4/13/2023
6:52:56 PM
                                                             2

                          3.    THE   ASSISTANT  COMMISSIONER, TRIBAL
                                WELFARE   DEPARTMENT DISTRICT MANDLA
                                (MADHYA PRADESH)

                          4.    THE JOINT DIRECTOR, TREASURIES AND
                                ACCOUNT   DEPARTMENT DISTRICT MANDLA
                                (MADHYA PRADESH)

                          5.    THE    BLOCK    EDUCATION    OFFICER,
                                NARAYANGANJ DISTRICT MANDLA (MADHYA
                                PRADESH)

                          6.    THE PRINCIPAL, GOVT. HIGHER SECONDARY
                                SCHOOL MANGALGANJ, BLOCK NARAYANGANJ,
                                DISTRICT MANDLA (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

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

Petitioners have filed the present writ petition under Article 226 of the Constitution of India making a prayer that petitioners be granted regular pay scale from initial date of appointment as per judgment passed in Writ Appeal No.346/2008 [Smt. Usha Ranawat Vs. State of Madhya Pradesh and another].

Learned counsel appearing for the petitioners submits that petitioners were appointed on the post of Assistant Teachers and were regularized. They preferred representations (Annexure-P/5, P/6, P/7 and P/8) before District Education Officer, Mandla but same is pending for consideration. Petitioners' case is covered by judgment passed in WA No.346/2008 [Smt. Usha Ranawat Vs. State of Madhya Pradesh and another].

Learned Government Advocate appearing for State does not deny the aforesaid proposition.

Signature Not Verified Signed by: PUSHPENDRA PATEL Signing time: 4/13/2023 6:52:56 PM

I have heard learned counsel for the parties. In view of aforesaid circumstances, this writ petition can be disposed of directing the respondent/competent authority to consider and decide the case of the petitioners in the light of judgment passed in Writ Appeal No.346/2008 [Smt. Usha Ranawat Vs. State of Madhya Pradesh and another] by passing a reasonable and speaking order within a period of 45 days from date of receipt of certified copy of the order passed today.

Payment of actual dues will be subject to the law of fixation but notional fixation will be made.

This court has not expressed any opinion on the merits of the case. With aforesaid direction, this writ petition is disposed of. Certified copy as per rules.

(VIVEK AGARWAL) JUDGE pp

Signature Not Verified Signed by: PUSHPENDRA PATEL Signing time: 4/13/2023 6:52:56 PM