Shri Suresh Prasad Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 2257 MP

                              1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                         BEFORE
       HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                 ON THE 8 th OF FEBRUARY, 2023
                 WRIT PETITION No. 3310 of 2023

BETWEEN:-
1.    SHRI SURESH PRASAD SHARMA S/O LATE SHRI
      RAMWSHWAR DAYAL SHARMA, AGED ABOUT 62
      YEARS, OCCUPATION: RETIRED UDT/ TEACHER
      GOVT. GIRLS MIDDLE SCHOOL JAMPURA
      DISTRICT BHIND 11/3 CHATURVEDI NAGAR
      BHIND (MADHYA PRADESH)

2.    JAI SHREE PANDEY D/O LT KAILASH NATH
      PANDEY W/O ASHOK KUMAR MISHRA, AGED
      ABOUT 61 YEARS, NEAR VIRENDRA VATIKA
      LAHAR ROAD BHIND (MADHYA PRADESH)

                                                     .....PETITIONER
(BY SHRI R.P. SINGH - ADVOCATE )

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

2.    DIRECTORATE OF PUBLIC INSTRUCTIONS
      THROUGH         COMMISSIONER    PUBLIC
      INSTRUCTIONS DIRECTORATE OF PUBLIC
      IN S TR UCTION S GUTAM  NAGAR (MADHYA
      PRADESH)

3.    TREASURY DEPARTMENT THROUGH DIVISIONAL
      JOINT DIRECTOR TREASARY ACCOUNT PENSION
      G WALI O R CHAMBAL DIVISION MOTIMAHAL
      (MADHYA PRADESH)

4.    THE DISTRICT EDUCATION OFFICER DISTRICT
      BHIND (MADHYA PRADESH)

                                                   .....RESPONDENTS
(BY SHRI SHIRAZ QURAISHI - GOVERNMENT ADVOCATE )
                                       2

      This petition coming on for admission this day, th e court passed the
following:
                                      ORDER

The present petition has been filed by the petitioners under Article 226 of the Constitution of India to revise the defective second kramonnati orders passed with respect to petitioners however, in fact they were entitled to get the Second Kramonnati in the corresponding year with respect to continuous 24 years of service from the date of direct recruitment/appointment in regular service, but granted at the later stage in the year 2004 in place of 19.4.1999 in a arbitrary manner.

Learned counsel for the petitioner submits that the present matter is covered by the judgment delivered by this Court in the case of Smt. Prerna Vs. State of M.P. & Others (W.P.No.6773/2006(S) decided on 26.1.2007). Learned counsel further submits that the petitioner intends to prefer representation which may be directed to be decided expeditiously by the respondents/ authorities.

Learned Govt. Advocate has not opposed the prayer made by the learned counsel for the petitioner.

In the light of submission made by the learned counsel for the petitioner, this petition is disposed of with a direction to the petitioner to file representation along with copy of this order before the respondents/authorities. In turn, the said respondents/authorities shall consider and decide the same by a reasoned and speaking order within a period of three months therefrom in accordance with rules by taking into account the judgment in Prerna's case and examine whether the petitioners are similarly situated or not. If the said

authorities come to the conclusion that the petitioners are similarly situated, the same benefit be extended in favour of the present petitioners also within the same time.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid directions, the petition stands disposed of.

(MILIND RAMESH PHADKE) JUDGE neetu NEETU SHASHANK 2023.02.08 19:19:36 +05'30'