Shyam Lal Ojha vs The State Of Madhya Pradesh
2023 Latest Caselaw 13929 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE ANAND PATHAK
                                                 ON THE 24 th OF AUGUST, 2023
                                               WRIT PETITION No. 21107 of 2023

                           BETWEEN:-
                           SHYAM LAL OJHA S/O LATE SHRI N.R. OJHA, AGED 58
                           YEARS, OCCUPATION: RETIRED R/O CHATTRI BAZAR
                           LASHKAR GWALIOR (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI NIRMAL SHARMA- ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY, DEPARTMENT OF
                                 WATER RESOURCES VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    ENGINEER   IN   CHIEF WATER RESOURCE
                                 DEPARTMENT BHOPAL (MADHYA PRADESH)

                           3.    EXECUTIVE ENGINEER ELECTRIC ENGINEERING
                                 D EPARTM EN T HEAVY MACHINERY WATER
                                 RESOURCES DEPARTMENT THATIPUR, GWALIOR
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI SIRAH QURESHI- GOVERNMENT ADVOCATE FOR
                           RESPONDENT/STATE)

                                 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 petitioner has prayed for the following reliefs:

"(i) That respondents may kindly be directed to release benefit of I,II, III time pay scale to the Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 25-08-2023 10:39:54 AM

petitioner from the due date i.e. completion of 10, 20 and 30 years in service respectively. ( i i ) That, Respondent may kindly be further directed to release aforesaid benefit along with the interest to the tune of 9% PA from due date to actual date of realization.

(iii) That cost of the litigation to the tune of Rs.25,000/- be also directed to be paid.

(iv) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted."

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.

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 has been quashed. Therefore, petitioner is entitled for all consequential benefits.

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

Considering the submissions made by counsel for the parties, this

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 25-08-2023 10:39:54 AM

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.

With the above, this petition stands disposed of.

(ANAND PATHAK) JUDGE Vishal

Signature Not Verified Signed by: VISHAL UPADHYAY Signing time: 25-08-2023 10:39:54 AM