Khuman Singh Amliyar vs The State Of Madhya Pradesh
2023 Latest Caselaw 13120 MP

                                                        1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                             ON THE 11 th OF AUGUST, 2023
                                            WRIT PETITION No. 6600 of 2021

                           BETWEEN:-
                           KHUMAN SINGH AMLIYAR S/O LATE SHRI KALJI
                           AMLIYAR, AGED ABOUT 59 YEARS, OCCUPATION:
                           ASSTT. TEACHER POSTED AT GOVT. PRIMARY SCHOO.
                           ,WAGNERA VILL- CHHAPARI (KALIDEVI) TEH. RAMA
                           (MADHYA PRADESH)

                                                                                .....PETITIONER
                           (BY SHRI U. S. VERMA, LEARNED COUNSEL)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THR.
                                 PRINCIPAL SECRETARY VALLABH BHAWAN
                                 BHOPAL (M.P.) (MADHYA PRADESH)

                           2.    COMMISSIONER            TRIBAL       WELFARE
                                 D E PA R T M E N T SATPURA BHAWN      BHOPAL
                                 (MADHYA PRADESH)

                           3.    COLLECTOR     (BRANCH) TRIBAL WELFARE
                                 DEPARTMENT JHABUA (MADHYA PRADESH)

                           4.    DEPUTY COMMISSIONER TRIBAL WELFARE
                                 DEPARTM ENT OPP. GOVT. SCIENCE COLLEGE,
                                 POST G.P.O. A.B. ROAD INDORE (MADHYA
                                 PRADESH)

                           5.    ASSTT.  COMMISSIONER TRIBAL WELFARE
                                 DEPARTMENT JHABUA (MADHYA PRADESH)

                           6.    BLOCK EDUCATION OFFICER BLOCK RAMA DIST
                                 JHABUA (MADHYA PRADESH)

                           7.    P R I N C I PA L GOVT. EXCELLENCE     HIGHER
                                 SECONDARY         SCHOOL RAMA DIST    JHABUA
                                 (MADHYA PRADESH)

Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 11-08-2023
18:40:30
                                                        2
                           8.     JOINT DIRECTOR DIRECTORATE OF TREASURY
                                  AND ACCOUNTS MAHARAJA COMPLEX KOTHARI
                                  MARKET M.G. ROAD INDORE (MADHYA
                                  PRADESH)

                           9.     DISTRICT    TREASURY              OFFICER JHABUA
                                  (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                           (SHRI MUKESH PARWAL, LEARNED GOVT. ADVOCATE FOR
                           RESPONDENTS/STATE)

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

The petitioner is working as Assistant Teacher. He has sought a direction

to the respondents to consider the case of the petitioner to grant pay scale of Assistant Teacher with all consequential benefits @ 6% per annum as has been granted to the similarly situated Assistant Teachers namely, Jam Sinsh Baveria, Par Singh Damor, Sunil Meda, Bapu Singh Singad, Shankar Zenu, Ram Singh Amliyar, Gajrat Singh Mandloi, Ram Singh Vasunia, Som Singh Ninama, Keshar Singh Dawar, Ram Singh Dawar, Ram Singh Amliyar and others. In the light of the judgment passed in the case of State of M.P. & Ors. vs. Mikal Vasunia & Anr. (Civil Appeal No. 615/2009). The petitioner has also prayed for revised pay scale with 6% interest in the light of the judgment passed in the case of Mikal Vasunia (supra). He has also relied on the order passed in the case of State of Andhra Pradesh & Anr. vs. Dinavahi Lakshmi Kameshwari [SLP (C) No. 12553/2020]. The respondents are disputing the claim of the petitioner, however, the fact remains that the claim of the petitioner has not been decided by the respondents.

2. After hearing learned counsel for the parties, I deem it expedient to dispose off the present petition with liberty to the petitioner to submit a detailed Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 11-08-2023 18:40:30

and comprehensive representation along with the order of the Supreme Court in the case of Mikal Vasunia (supra) and also Dinavahi Lakshmi Kameshwari (supra). The petitioner shall also file copy of the orders granting benefits to similarly situated employees. The petitioner is granted one month time to submit representation before the respondent No. 2 - The Commissioner, Department of Tribal Welfare, Satpura Bhawan, Bhopal. In turn, the said respondent shall decide the representation of the petitioner in accordance with the law within a period of two months from the date of receipt of the representation by passing a reasoned and speaking order. If the petitioner is found to be entitled, the benefit shall be granted to him along with the arrears and interest and in case if the respondent No. 2 is of the view that the petitioner is not entitled for the claim, he shall pass a reasoned and speaking order.

3. With the aforesaid, the petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 11-08-2023 18:40:30