Surendra Nema vs The State Of Madhya Pradesh
2023 Latest Caselaw 14026 MP

                                                         1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                              ON THE 25 th OF AUGUST, 2023
                                            WRIT PETITION No. 20872 of 2023

                           BETWEEN:-
                           1.    SURENDRA NEMA S/O LATE SHRI KAMTA
                                 PRASAD NEMA, AGED ABOUT 72 YEARS,
                                 OCCUPATION: RETIRED HEAD CLERK R/O
                                 SHUBHAM COLONY TEHSIL KARELI DISTRICT
                                 NARSINGHPUR (M.P.) (MADHYA PRADESH)

                           2.    AMOL SINGH CHOUDHARY S/O LATE SHRI
                                 BABULAL CHOUDHARY, AGED ABOUT 77 YEARS,
                                 OCCUPATION: RETIRED LIBRARIAN R/O SHASTRI
                                 WARD, TEHSIL KARELI, DISTRICT NARSINGHPUR
                                 (MADHYA PRADESH)

                           3.    YADAV SINGH MALVIYA S/O LATE SHRI HALKU
                                 PRASAD, AGED ABOUT 69 YEARS, OCCUPATION:
                                 RETIRED CLERK R/O MAHADEV WARD, TEHSIL
                                 KARELI, DISTRICT NARSINGHPUR (MADHYA
                                 PRADESH)

                           4.    MULCHANDRA KAHAR S/O LATE SHRI GULAB
                                 SINGH, AGED ABOUT 70 YEARS, OCCUPATION:
                                 RETIRED PEON PEON R/O AMBEDKAR WARD,
                                 KARELI BASTI, TEHSIL KARELI, DISTRICT
                                 NARSINGHPUR (MADHYA PRADESH)

                                                                                 .....PETITIONER
                           (BY SHRI PRATEEK DUBEY - ADVOCATE )

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY HIGHER EDUCATION
                                 DEPARTMENT VALLABH BHAWAN BHOPAL (M.P.)
                                 (MADHYA PRADESH)

                           2.    C O M M I S S I O N E R , HIGHER    EDUCATION
                                 D E PA R T M E N T NON      GOVT. EDUCATIONAL
                                 INSTITUTION, 5TH FLOOR, SATPUDA BHAWAN
                                 (MADHYA PRADESH)
Signature Not Verified
Signed by: MANOJ NAIR
Signing time: 26-08-2023
14:13:53
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                           3.     JOINT         DIRECTOR(FINANCE), HIGHER
                                  EDUCATION DEPARTMENT, STATE OF M.P.
                                  SATPUDA BHAWAN, 5TH FLOOR, BHOPAL
                                  (MADHYA PRADESH)

                           4.     THE   PRINCIPAL, MAHATMA GANDHI POST
                                  GRADUATE      COLLAGE KARELI, DISTRICT
                                  NARSINGHPUR (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                           (BY SHRI PRADEEP SINGH - GOVERNMENT ADVOCATE )

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

Learned counsel for the petitioners contends that the petitioners'

grievance pertains to the extension of benefits of pay scale in terms of 6th pay commission and also encashment of earned leave.

2. It is contended by the counsel that vide Annexure-P/4, there are recommendations by the Principal which have been made to the Joint Director, Finance Department of Higher Education and the said recommendations pertain to extension of benefits of leave encashment to the petitioners. Apart from above, petitioners are also claiming benefits of 6th pay commission in terms of the judgment of Apex Court. Therefore, counsel submits that the respondent concerned be directed to take decision on petitioners' representation.

3. Learned counsel for the respondent submits that if the petitioners move a representation afresh, the same shall be dealt with in accordance with law.

4. In view of the aforesaid, without expressing anything on merit, the present petition stands disposed off with a direction that if the petitioners prefer a representation afresh before respondent no.2 within a period of 30 days from today, respondent no.2 in turn shall take a decision thereon within a further Signature Not Verified Signed by: MANOJ NAIR Signing time: 26-08-2023 14:13:53

period of 90 days from the date of production of certified copy of this order by passing a well reasoned and speaking order in accordance with law.

5. It is made clear that this Court has not expressed any opinion on merits of the case and the respondent No.2 in his own wisdom shall be at liberty to deal with the representation in accordance with law.

6. With the aforesaid, the petition stands disposed off.

(MANINDER S. BHATTI) JUDGE mn

Signature Not Verified Signed by: MANOJ NAIR Signing time: 26-08-2023 14:13:53