Deewan Singh Parte vs The State Of Madhya Pradesh
2023 Latest Caselaw 22038 MP

Madhya Pradesh High Court

Deewan Singh Parte vs The State Of Madhya Pradesh on 21 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                 1                            W.P. No. 2623/2023


IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                           BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
               ON THE 21st OF DECEMBER, 2023
               WRIT PETITION No. 2623 of 2023
BETWEEN:-
DEEWAN SINGH PARTE, S/O SHRI SHANILAL
PARTE,   AGED   ABOUT     54   YEARS,
OCCUPATION:   PEON,     MAHAKAUSHAL
HIGHER   SECONDARY    SCHOOL,   GOLE
BAZAR, JABALPUR, R/O SHAKTI NAGAR
JABALPUR (MADHYA PRADESH)

                                                                                 .....PETITIONER
(BY SHRI SANJAY RAM TAMRAKAR- ADVOCATE)

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

2.      DISTRICT  EDUCATION                           OFFICER,
        JABALPUR,  DISTRICT                          JABALPUR
        (MADHYA PRADESH)

3.      GOVERNING BODY OF MAHARASHTRA
        SIKSHAN MANDAL, THROUGH ITS
        CHAIRMAN, GOLE BAZAR, JABALPUR
        (MADHYA PRADESH)

                                                                             .....RESPONDENTS
(BY SHRI NAVEEN DUBEY- GOVERNMENT ADVOCATE)
---------------------------------------------------------------------------------------------------------
         This petition coming on for admission this day, the court passed the

following:
                                    2                   W.P. No. 2623/2023


                                       ORDER

This petition under Article 226 of Constitution of India has been filed seeking the following reliefs:-

"(i) To call for the records pursuant to the instant subject matter for kind perusal of this Hon'ble Court.

(ii) This Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing respondents to ensure the full payment of salary to the petitioner as in accordance with their counterparts of the Government teachers and further direct the respondents to give all the benefits of the recommendations of 7th Pay Commission to the petitioner w.e.f. 01.01.2016 such as revised pay-scale, same rate of dearness allowances, admissible house rent allowance with 18% interest per annum and arrears of the same w.e.f. 01.01.2016 in the interest of justice.

(iii) Any other relief which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be issued in favour of the petitioner along with cost of the petition."

2. It is submitted by counsel for petitioner that although notices were issued to respondents by order 02.02.2023 and they have been served and even respondent No. 3 has filed Vakalatnama of its counsel but none of respondents have filed their return. It is submitted that in identical matters the Co-ordinate Bench of this Court has disposed of the writ petitions with a direction to the authorities to decide the representation. It is further submitted that these writ petitions were also filed against respondent No. 3, therefore, the case is duly covered.

3. Counsel for respondent Nos. 1 and 2/State after going through the orders relied upon by petitioner fairly conceded that the case in hand is

dully covered by the said order.

4. Heard counsel for the parties.

5. The Co-ordinate Bench of this Court by order dated 15th of February, 2023 passed in W.P. No. 2632/2023 (Smt. Nilima Sahare Vs. The State of M.P. and Others) has passed the following order:-

"Learned counsel for the petitioner submits that the petitioner is an employee of Grant-In-Aid of the School, namely, Maharashtra Shikshan Mandal, Gol Bazar, Jabalpur but she is not given the benefit of 7th Pay Commission's Recommendations. Petitioner has already made a representation, which is pending for consideration. Petitioner is entitled to the said benefit in terms of the law laid down by Hon'ble the Supreme Court vide order dated 1.7.2014 passed in Civil Appeal No.6362/2004 (State of Madhya Pradesh & Another versus Sharique A Ali & Others).

Accordingly, this writ petition can be disposed of with a direction that in case the petitioner files a fresh representation within fifteen days from today alongwith certified copy of this order then the same shall be considered and decided by the Secretary, School Education Department, Bhopal within a further period of sixty days through a speaking order under communication to the petitioner keeping in view the judgment of Hon'ble the Supreme Court passed on 1.7.2014 in Civil Appeal No.6362/2004 (State of Madhya Pradesh & Another versus Sharique A Ali & Others). This Court has not expressed any opinion on the merits of the case.

In above terms, this writ petition is disposed of."

6. Similar order has been passed by the Co-ordinate Bench of this Court by order dated 15th of February, 2023 passed in W.P. No. 2630/2023 (Prashant Dakare Vs. The State of M.P. and Others).

7. Accordingly, the facts of the present case are not distinguishable. Therefore, this petition is also disposed of in light of the orders passed by Co-ordinate Bench of this Court in the case of Smt. Nilima Sahare (supra) and Prashant Dakare (supra).

8. It is made clear that the representation shall be decided within a period of 60 days from the date of production of certified copy of this order.

(G.S. AHLUWALIA) JUDGE AL

Date: 2023.12.21 18:38:30 +05'30'