Girja Shankar Sen vs The State Of Madhya Pradesh
2023 Latest Caselaw 6675 MP

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 IN    THE      HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR
                           BEFORE
             HON'BLE SHRI JUSTICE ANAND PATHAK
                     ON THE 25 th OF APRIL, 2023
                  WRIT PETITION No. 4544 of 2023

BETWEEN:-
GIRJA SHANKAR SEN S/O LATE SHRI RAM PRASAD
SEN, AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
FROM THE POST OF CHOWKIDAR AS A REGULAR
WORK CHARGE AND CONTINGENCY PAID EMPLOYEE
IN THE OFFICE OF GOVT. INDIRA GANDHI
ENGINEERING COLLEGE SAGAR DISTRICT SAGAR R/O
PODDAR COLONY SHIVAJI WARD SAGAR DISTRICT
SAGAR (MADHYA PRADESH)

                                                           .....PETITIONER
(BY SHRI SHIV KUMAR DUBEY - ADVOCATE)

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

2.    DIRECTOR       TECHNICAL    EDUCATION
      D EPARTM EN T SATPURA BHAWAN, BHOPAL
      (MADHYA PRADESH)

3.    PRINCIPAL   GOVT.    INDIRA            GANDHI
      ENGINEERING    COLLEGE SAGAR          DISTRICT-
      SAGAR (MADHYA PRADESH)

4.    JOINT DIRECTOR TREASURY ACCOUNT AND
      PEN S ION SAGAR, DISTRICT-SAGAR (MADHYA
      PRADESH)

                                                        .....RESPONDENTS
(BY SHRI MOHAN SAUSARKAR - GOVERNMENT ADVOCATE)

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

By this petition, filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

(i) To call for the records pertaining to the petitioner for kind perusal of this Hon'ble Court.

(ii) To direct the respondents to extend the benefit of time bound promotion/Krammonati/time bound pay scale to the petitioner as per the G.A.D. Circular dated 17/3/1999-19/4/1999 and as per the law laid down by this Hon'ble Court passed in W.P. No.11507/2007 (s) order dated 23/1/2009 parties being Tejulal Yadav v. State of M.P. & others, reported in

ILR (2009) M.P. 1326 after serving 12/24 years of service by issuance a writ in the nature of mandamus.

(iii) To direct the respondents to pay to the petitioner monetary benefits and arrears of salary after fixation in the proper pay scale with the rate of interest at 12% p.a. till the realization of payment.

(iv) Any other suitable relief deemed fit in the facts and circumstances of the case may also kindly be granted together with the cost of this petition.

2. At the outset, learned counsel for petitioner referred the judgment of this Court passed in Tejulal Yadav v. State of M.P. and others reported in ILR (2009) M.P. 1326 decided on 23.1.2009 and seeks parity. It is further submitted that said judgment has been passed on placing reliance upon the earlier judgment passed in the case K. L. Asre v. State of M.P. passed on 7.11.2005 in Writ Petition (S) No.1070/2003.

3. According to the counsel for petitioner, the State Government issued a circular dated 21.9.2016 granting the benefit to the work charge contingency paid establishment employees with effect from 1.1.2016. However, executive

instructions issued by the State Government cannot supersede the judgment delivered by this court, which attained finality and, therefore, the executive instructions issued by the State Government to the extent that cut-off date has been fixed is hereby quashed. Therefore, petitioner is entitled for all consequential benefits.

4. Learned counsel for respondents opposed the prayer but however could not dispute the facts.

5. Considering the submissions made by counsel for the parties, this petition is disposed of with a direction that the petitioner is also entitled for the same benefit as other similarly placed employees like Tejulal Yadav, K. L. Asre and Gendalal, etc. (petitioners in Writ Petition No.461/2018) and the judgment passed in those orders would apply mutatis mutandis in the case of petitioner. He shall be entitled for monetary benefits and arrears for the said period. Exercise of passing an appropriate order granting the benefit be concluded within a period of six months from the date of receipt of certified copy of this order.

6. With the above, this petition stands disposed of.

(ANAND PATHAK) JUDGE ps Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.04.27 10:18:31 +05'30'