Subhash Chandra Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 14335 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                               ON THE 31 st OF AUGUST, 2023
                                             WRIT PETITION No. 20577 of 2023

                           BETWEEN:-
                           SUBHASH CHANDRA YADAV S/O SHRI MANNA LAL
                           YADAV, AGED ABOUT 58 YEARS, OCCUPATION:
                           ASST.TEACHER     GOVT.    MIDDLE     SCHOOL
                           MAGARKHEDA DISTT. INDORE R/O VILLAGE POST
                           BARDARI TEHSIL INDORE (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (BY SHRI )

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

                           2.    DIVISIONAL     PENSION    OFFICER, INDORE
                                 DIVISION, SETELITE BHAWAN, COLLECTORATE,
                                 INDORE (MADHYA PRADESH)

                           3.    DISTRICT   EDUCATION    OFFICER, SCHOOL
                                 EDUCATION   DEPARTMENT, BADA GANPATI,
                                 INDORE (MADHYA PRADESH)

                           4.    PRINCIPAL AND SANKUL INCHARGE, GOVT. H.S.
                                 S C H O O L DHARAMPURI, DISTRICT INDORE
                                 (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI )

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                              ORDER

01. The petitioner before this Court has filed this present writ petition Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 31-08-2023 17:47:59

claiming two advance increments on account of his passing B.T.I, examination after entering into the services of State Government.

02. It has been categorically stated in the writ petition that the petitioner was initially appointed as Assistant Teacher and he has passed the examination in question in the year 1995.

03. Learned counsel for the petitioner has argued before this Court that the present matter related to grant of two advance increments is squarely covered by the judgment delivered by this Court in the case of Dwarkesh Vs. State of MP and others reported in 2004 MPLJ (1) 261 and, therefore, as the petitioner has preferred representation before the Authority and the Authority be

directed to decide their representation keeping in view the judgment delivered in the case of Dwarkesh (supra).

04. The learned Government Advocate for the respondent / State on has not objected to the reasonable prayer of the petitioner and therefore, the present writ petition is being disposed of with a direction to the respondents to consider the petitioner's case in light of the judgment delivered in the matter of Dwarkesh (supra) and in case the petitioner is identically placed persons, the respondents shall also grant her all consequential benefits.

05. The aforesaid exercise shall be concluded within a period of six months from the date of receipt of certified copy of this order. With the aforesaid directions, the present writ petition is disposed off. No order as to costs.

CC as per rules.

(VIVEK RUSIA) Signature Not Verified JUDGE Signed by: DIVYANSH SHUKLA Signing time: 31-08-2023 17:47:59

Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 31-08-2023 17:47:59