Sunil Kumar Pathak vs The State Of Madhya Pradesh
2023 Latest Caselaw 13302 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 16 th OF AUGUST, 2023
                                              WRIT PETITION No. 19881 of 2023

                           BETWEEN:-
                           SUNIL KUMAR PATHAK S/O SHRI RAMCHANDRA
                           PATHAK, AGED ABOUT 55 YEARS, OCCUPATION:
                           ASSISTANT TEACHER D 53 DONGRE NAGAR, DISTRICT
                           RATLAM. (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI LOKESH MEHTA - ADVOCATE)

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

                           2.    THE     DIRECTOR DIRECTOR   OF   PUBLIC
                                 INSTRUCTION (DPI) GAUTAM NAGAR, BHOPAL
                                 (MADHYA PRADESH)

                           3.    DISTRICT EDUCATION   OFFICER SETHJI KA
                                 BAZAAR, BOHRA BAAKHAL, RATLAM (MADHYA
                                 PRADESH)

                                                                                        .....RESPONDENTS
                            (SHRI BHUWAN DESHMUKH - G.A. FOR STATE )

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

The petitioner has filed the present writ petition claiming the benefit of regular pay-scale from the date of initial appointment in the light of the earlier orders passed by this Court.

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 16-08-2023 14:38:52

2 . Learned counsel appearing for the petitioner submits that the same issue has already been decided by order dated 24.08.2009 passed by the M.P. State Administrative Tribunal in O.A.No. 2745/2009 (Madhukant Yadu V/s State of M.P.). The S.L.P. No. 6092/93 preferred against this order was also dismissed by the Supreme Court.

3 . He has also submitted that similar writ petitions have already been disposed of by this Court by Writ Petition No.328/2022 issuing directions in favour of the writ petitioner, hence prays that the concerned respondent be directed to decide the petitioner's claim within a time bound period.

4. Learned counsel for the respondent has no objection to the same.

5 . In view of the aforesaid, the present writ petition is disposed of by giving liberty to the petitioner to file an appropriate representation to the concerned respondent raising the grievance in respect of the non grant of regular pay-scale/increments from the date of initial appointment. If such a representation is submitted by the petitioner, the concerned respondent will consider and decide it within a period of four weeks from the date of its receipt keeping in view the judgment in the matter of Madhukant Yadu (supra) and any other binding judgment on the point and if the petitioner is found entitled to the said benefit, the concerned respondent would extend such benefit to the petitioner without any delay. Any adverse order will be a reasoned speaking order.

(VIJAY KUMAR SHUKLA) JUDGE MK Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 16-08-2023 14:38:52

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 16-08-2023 14:38:52