Radhe Shyam Prajapati vs The State Of Madhya Pradesh
2023 Latest Caselaw 14223 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                            ON THE 29 th OF AUGUST, 2023
                                          WRIT PETITION No. 21372 of 2023

                          BETWEEN:-
                          1.    RADHE SHYAM PRAJAPATI S/O SHRI NEKSE
                                PRASAD PRAJAPATI, AGED ABOUT 68 YEARS,
                                OCCUPATION: RETIRED ASSISTANT TEACHER
                                GOVT. PRIMARY SCHOOL IMLAHA MIHONA
                                DISTRICT BHIND WARD NO 6 MIHONA TEHSIL
                                MIHONA DISTRICT BHIND (MADHYA PRADESH)

                          2.    GYAPRASAD JATAV S/O SHRI BHUBAL JATAV,
                                AGED ABOUT 69 YEARS, OCCUPATION: RETIRED
                                HEAD MASTER GOVT. MIDDLE SCHOOL VILL.
                                MASERAN POST MAHUA THASIL LAHAR
                                (MADHYA PRADESH)

                                                                             .....PETITIONERS
                          (BY SHRI R.P. SINGH - ADVOCATE)

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

                          2.    DIRECTOR PUBLIC INSTUCTION DIRECTORATE
                                OF PUBLIC INSTRUCTIONS GUTAM NAGAR
                                (MADHYA PRADESH)

                          3.    DIVISIONAL JOINT DIRECTOR  TREASURY
                                DEPARTMENT   ACCOUNT   AND  PENSION
                                CHAMBAL DIVISION MOTIMAHAL (MADHYA
                                PRADESH)

                          4.    THE   DIST.  EDUCATION      OFFICER BHIND
                                (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                          (BY SHRI VIVEK KHEDKAR - ADDITIONAL ADVOCATE GENERAL)

Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 8/29/2023
7:06:25 PM
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                                Th is petition coming on for hearing this day, th e court passed the
                          following:
                                                               ORDER

The present petition has been filed by the petitioners under Article 226 of the Constitution of India to revise the defective second kramonnati orders passed with respect to petitioners however, in fact they were entitled to get the Second Kramonnati in the corresponding year with respect to continuous 24 years of service from the date of direct recruitment/appointment in regular service, but granted at the later stage in the year 2003 in place of 19.4.1999 in a arbitrary manner.

Learned counsel for the petitioner submits that the present matter is covered by the judgment delivered by this Court in the case of Smt. Prerna Vs. State of M.P. & Others (W.P.No.6773/2006(S) decided on 26.1.2007). Learned counsel further submits that the petitioner intends to prefer representation which may be directed to be decided expeditiously by the respondents/ authorities.

Learned Additional Advocate General has not opposed the prayer made by the learned counsel for the petitioner.

In the light of submission made by the learned counsel for the petitioner, this petition is disposed of with a direction to the petitioner to file representation along with copy of this order before the respondents/authorities. In turn, the said respondents/authorities shall consider and decide the same by a reasoned and speaking order within a period of three months therefrom in accordance with rules by taking into account the judgment in Prerna's case and examine whether the petitioners are similarly situated or not. If the said authorities come to the conclusion that the petitioners are similarly situated, the Signature Not Verified Signed by: NEETU SHASHANK Signing time: 8/29/2023 7:06:25 PM

same benefit be extended in favour of the present petitioners also within the same time.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid directions, the petition stands disposed of.

(MILIND RAMESH PHADKE) JUDGE neetu

Signature Not Verified Signed by: NEETU SHASHANK Signing time: 8/29/2023 7:06:25 PM