Laxman Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 2371 MP

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                             BEFORE
               HON'BLE SHRI JUSTICE ANAND PATHAK
                     ON THE 9 th OF FEBRUARY, 2023
                     WRIT PETITION No. 1598 of 2023

BETWEEN:-
LAXMAN SINGH S/O SHRI DHANARAM DHURVEY,
AGED ABOUT 62 YEARS, R/O VILLAGE AND POST
PADHAR BETUL (MADHYA PRADESH)

                                                               .....PETITIONER
(BY SHRI NARENDRA SHARMA - ADVOCATE)

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

2.    COMMISSIONER PUBLIC INSTRUCTION BHOPAL
      (MADHYA PRADESH)

3.    THE COMMISSIONER TRIBAL DEPARTMENT
      BHOPAL (MADHYA PRADESH)

4.    ASSISTANT    COMMISSIONER       TRIBAL
      DEVELOPMENT BETUL (MADHYA PRADESH)

5.    TREASURY OFFICER           BETUL DISTRICT BETUL
      (MADHYA PRADESH)

                                                             .....RESPONDENTS
(BY SHRI T. K. KHADKA - PANEL LAWYER)

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

By this petition, filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

(i) To direct the respondents to grant the benefit of regular pay scale from the date of initial appointment as decided by this Hon'ble Court in the case of Madhukant Yadu & others v. State of M.P. & others followed in subsequent judgments in similar cases.

(ii) To revise the pay scales consequent to fixation from the date of initial appointment with interest.

(iii) To grant any other writ/direction/relief, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation in favour of the petitioner.

Learned counsel for the petitioner referring the judgment of Apex Court

in the case of Madhukant Yadu and 56 others v. State of Madhya Pradesh and others passed in Original Application No.2745/1989 vide order dated 24.8.1992 submits that the case of petitioner herein is fully covered with the said judgment. The matter travelled up to the Supreme Court and there it attained finality. He also referred the judgment of Smt. Usha Ranawat v. State of Madhya Pradesh and others passed by a Division Bench of this Court at Indore Bench vide order dated 18.12.2008 in Writ Appeal No.346/2008 . He seeks parity.

Learned counsel for the respondents-State could not dispute the said fact.

Considering the submissions put forth by learned counsels for the parties, it is directed that in the light of the judgments referred above, the petitioner shall be entitled for the benefits flown from the said judgments.

With the above, the petition stands disposed of.

(ANAND PATHAK) JUDGE ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.02.09 17:57:53 +05'30'