Devki Jadhav vs The State Of Madhya Pradesh
2023 Latest Caselaw 2089 MP

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                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                              ON THE 6 th OF FEBRUARY, 2023
                                              WRIT PETITION No. 2604 of 2023

                           BETWEEN:-
                           DEVKI JADHAV S/O LATE SHRI LAL SINGH JADHAV,
                           AGED      ABOUT      64     YEARS, OCCUPATION:
                           SERVICE/RETIRED, R/O 17, SAI NATH COLONY, BTI
                           ROAD, KHARGONE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (MS. ANUSHKA BHARGAVA - ADVOCATE FOR THE PETITIONER.)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY   DIRECTORATE   OF   PUBLIC
                                 INSTRUCTION  GAUTAM   NAGAR,   BHOPAL
                                 (MADHYA PRADESH)

                           2.    THE        COMMISSIONER TRIBAL           WELFARE
                                 D E P A R T M E N T KHARGONE,            DISTRICT
                                 KHARGONE (MADHYA PRADESH)

                           3.    THE       COLLECTOR TRIBAL DEVELOPMENT
                                 D E P A R T M E N T KHARGONE,  DISTRICT
                                 KHARGONE (MADHYA PRADESH)

                           4.    JOINT DIRECTOR TREASURY AND ACCOUNTS
                                 KHARGONE, DISTRICT KHARGONE (MADHYA
                                 PRADESH)

                                                                                       .....RESPONDENTS
                           (SHRI PRADYUMNA KIBE - GOVERNMENT ADVOCATE FOR THE
                           RESPONDENT/STATE.)

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

The petitioner has filed the present writ petition claiming the benefit of Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 07-02-2023 11:19:46

regular pay-scale from the date of initial appointment in the light of the earlier orders passed by this Court.

2. Learned counsel appearing for the petitioner submitted that the same issue has already been decided by order dated 24.08.1992 passed by the M.P. State Administrative Tribunal in O.A.No. 2745/2009 (Madhukant Yadu V/s State of M.P.). The S.L.P. No. 6092/93 preferred against the said order was dismissed by the Supreme Court. He also submitted that similar writ petitions have already been disposed of by this Court by issuing directions in favour of the writ petitioner.

3. Learned counsel for the petitioner has submitted that the concerned

respondent be directed to decide the petitioner's claim within a time bound period.

4. Learned counsel for the respondents/State has no objection to the same.

5. In view of the aforesaid, the present writ petition is disposed of by giving liberty to the petitioner to file an appropriate representation to the concerned respondent raising the grievance in respect of the non grant of regular pay-scale/increments from the date of initial appointment. If such a representation is submitted by the petitioner, the concerned respondent will consider and decide it within a period of four weeks from the date of its receipt keeping in view the judgment in the matter of Madhukant Yadu (supra) noted above and any other binding judgment on the point and if the petitioner is found to be entitled to the said benefit, the concerned respondent would extend such benefit to him without any delay.

Any adverse order will be a reasoned speaking order.

6. This writ petition is accordingly disposed of. Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 07-02-2023 11:19:46

C.C. as per rules.

(VIVEK RUSIA) JUDGE Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 07-02-2023 11:19:46