Kishori Lak Tekam vs The State Of Madhya Pradesh
2023 Latest Caselaw 2198 MP

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                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                           ON THE 7 th OF FEBRUARY, 2023
                                            WRIT PETITION No. 774 of 2023

                         BETWEEN:-
                         KISHORI LAK TEKAM S/O BHANGILAL TEKAM, AGED
                         ABOUT 62 YEARS, OCCUPATION: RETIRED TEACHER
                         MIDDLE SCHOOL JANGALIYA, BLOCK NIWAS
                         DISTRICT MANDLA (M.P.) (MADHYA PRADESH)

                                                                                    .....PETITIONER
                         (BY SHRI S.C.PATEL - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                               SECRETARY TRIBAL AFFAIRS DEPARTMENT
                               VALLABH BHAWAN BHOPAL (M.P.) (MADHYA
                               PRADESH)

                         2.    THE   COMMISSIONER            TRIBAL   AFFAIRS
                               D EPARTM EN T SATPURA         BHAWAN   BHOPAL
                               (MADHYA PRADESH)

                         3.    THE JOINT DIRECTOR TREASURY ACCOUNTS
                               AND PENSION JABALPUR DIVISION JABALPUR
                               (MADHYA PRADESH)

                         4.    ASSISTANT COMMISSIONER TRIBAL AFFAIRS
                               D EPARTM EN T MANDLA DISTRICT MANDLA
                               (MADHYA PRADESH)

                         5.    DISTRICT   TREASURY  OFFICER   MANDLA
                               DISTRICT MANDLA (MADHYA PRADESH)

                         6.    BLOCK EDUCATION OFFICER NIWAS DISTRICT
                               MANDLA (MADHYA PRADESH)

                                                                                 .....RESPONDENTS
                         (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                               This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
2/7/2023 7:35:04 PM
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                         following:
                                                              ORDER

The petitioner is seeking regularization of the pay scale from the date of his initial appointment along with all the benefits accruing therefrom. He has based his case to be dealt on parity to dictum laid down by the Apex Court in Civil Appeal No. 930/2008 (State of M.P.and others Vs. Pankaj Saxena) decided on 19th February, 2015.

Under the circumstances, this petition can be disposed of with a direction to the petitioner to move a fresh representation before the authority concerned inter-alia praying that he be granted the similar relief as has been granted to the

appellants in Civil Appeal No.930/2008. If such a representation is moved by the petitioner before the authority concerned, it is requested to decide the said representation in light of the decision rendered by the Apex Court in the aforesaid Appeal and if the case of the petitioner is covered by the aforesaid judgment of the Apex Court, then similar relief be also extended to the petitioner herein.

Let this exercise be done within a period of 8 weeks from the date of filing of such a representation by the petitioner, by a reasoned order and shall communicate the outcome of its decision to the petitioner.

I t is made amply clear that this Court is not expressing any opinion regarding the merits of the case of the parties and the authority concerned is further requested to deal with the said representation of the petitioner, strictly in accordance with law.

In above terms, the petition is disposed of.

Signature Not Verified Signed by: AMIT JAIN Signing time:

2/7/2023 7:35:04 PM

(VIVEK AGARWAL) JUDGE amit

Signature Not Verified Signed by: AMIT JAIN Signing time:

2/7/2023 7:35:04 PM