Madhya Pradesh High Court
Rakesh Kumar Janokar vs The State Of Madhya Pradesh on 21 December, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 W.P. No. 2618/2023
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. 2618 of 2023
BETWEEN:-
RAKESH KUMAR JANOKAR S/O SHRI LALA
PRASAD, AGED ABOUT 54 YEARS,
OCCUPATION: LOWER DIVISION TEACHEAR,
MAHARASHTRA HIGHR SECONDARY
SCHOOL, GOLE BAZAR, JABALPUR, R/O
PLOT NO. 10 AMEDKAR COLONY, SHANTI
NAGAR, JABALPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SANJAY RAM TAMRAKAR- ADVOCATE)
AND
1. STATE OF MADHYA PRADESH
THROUGH ITS SECRETARY,
DEPARTMENT OF SCHOOL
EDUCATION, MANTALAYA, 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. 2618/2023
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 18:40:08 +05'30'
