Jankilal Maheshwari vs School Education Department
2023 Latest Caselaw 13931 MP

                                                             1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                               ON THE 24 th OF AUGUST, 2023
                                              WRIT PETITION No. 5032 of 2020

                          BETWEEN:-
                          KAMAL MAHESHWARI S/O SHRI KISHAN GOPAL
                          MAHESHWARI,   AGED   62 YEARS, OCCUPATION:
                          AGRICULTURIST R/O BAZAR CHOWK DAYANAND
                          MARG, WARD NO. 10, SANWER INDORE (MADHYA
                          PRADESH)

                                                                                          .....PETITIONER
                          (SHRI CHANDRAKANT           VERMA,     LEARNED      COUNSEL      FOR    THE
                          PETITIONER)

                          AND
                          1.    SCHOOL EDUCATION DEPARTMENT PRINCIPAL
                                SECRETARY MANTRALAYA VALLABH BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          2.    COMMISSIONER      LOK      SHIKSHAN
                                SANCHALNALAYA GAUTAM NAGAR. BHOPAL
                                (MADHYA PRADESH)

                          3.    DISTRICT EDUCATION OFFICER NEAR BADA
                                GANPATI TEMPLE. INDORE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (MS MONISHA KASTURI LEARNED PANEL LAWYER FOR THE
                          RESPONDENTS/STATE)

                                T h is petition coming on for     order this day, t h e court passed the
                          following:
                                                              ORDER

The instant petition has been filed under Article 226 of the Constitution of India whereby grievance of the petitioner is that he has not been granted the benefit of regular pay scale on completion of three years of service from the Signature Not Verified Signed by: SEHAR HASEEN Signing time: 8/24/2023 7:21:51 PM

date of initial appointment.

2. At the outset, learned counsel for the petitioner submits that the present petition may be disposed off directing the respondents to consider the representation of the petitioner which he will prefer before the competent authority within a stipulated time in terms of the order dated 25.6.2010 passed in WP No.8048/2010 Kailash Chandravanshi and others Vs. State of MP & Ors and also the order dated 30.08.2017 passed in WP No.5254/2017.

3. Considering the aforesaid, the present petition is disposed off with a direction to the petitioner to file a fresh representation alongwith necessary documents before the respondent no.3 within a period of fifteen days. In turn,

the respondent No.3 shall consider and decide the same within a further period of three months from the date of communication of this order taking into consideration the judgment passed in the case of Kailash Chandravanshi (supra).

4. With the aforesaid, the writ petition is disposed off.

5. Registry is directed to replace the name of LR in place of petitioner as petitioner is reported to have died and amendment application stood allowed vide order dated 28.04.2022. Only upon due correction and verification in the CMIS about replacement of legal heir in place of petitioner, certified copy of this order be provided to the petitioner.

(S. A. DHARMADHIKARI) JUDGE sh

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 8/24/2023 7:21:51 PM