Madhya Pradesh High Court
Challulal Saiyam vs The State Of Madhya Pradesh on 13 February, 2023
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 13 th OF FEBRUARY, 2023
WRIT PETITION No. 28197 of 2022
BETWEEN:-
1. CHALLULAL SAIYAM S/O DAYAL SINGH SAIYAM,
AGED ABOUT 61 YEARS, OCCUPATION:
ASSISTANT TEACHER GOVERNMENT PRIMARY
SCHOOL SABHEWADA VIKAS KHAND NAINPUR
DISTRICT MANDLA M.P. (MADHYA PRADESH)
2. DILIP SINGH MARAVI S/O NAWAL SINGH
MARAVI, AGED ABOUT 62 YEARS, OCCUPATION:
ASSISTANT TEACHER GOVERNMENT PRIMARY
SCHOOL VALLABH DUGARIYA VIKAS KHAND
NAINPUR DISTRICT NAINPUR (MADHYA
PRADESH)
3. SARLA VANSHKAR S/O RAM DULARE PATRAKAR,
AGED ABOUT 61 YEARS, OCCUPATION:
ASSISTANT TEACHER GOVERNMENT PRIMARY
SCHOOL BHALIWADA MAL VIKAS KHAND
NAINPUR DISTRICT NAINPUR (MADHYA
PRADESH)
4. KISHAN LAL MARAVI S/O GAJAL SINGH MARAVI,
AGED ABOUT 61 YEARS, OCCUPATION:
ASSISTANT TEACHER JANPAD PRIMARY SCHOOL
BANDHA VIKAS KHAND NAINPUR DISTRICT
NAINPUR (MADHYA PRADESH)
5. GYANI LAL MARAVI S/O JHARILAL MARAVI,
AGED ABOUT 61 YEARS, OCCUPATION:
ASSISTANT TEACHER GOVERNMENT PRIMARY
SCHOOL BHALIWADA MAL VIKAS KHAND
NAINPUR DISTRICT NAINPUR (MADHYA
PRADESH)
6. SHER SINGH PARTE S/O NEER SINGH PARTE,
AGED ABOUT 62 YEARS, OCCUPATION: U.D.T.
GOVERNMENT NAVEEN MIDDLE SCHOOL
GHATERI VIKAS KHAND NAINPUR DISTRICT
NAINPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 2/15/2023
11:33:04 AM
2
.....PETITIONERS
(BY SHRI NAVIN THAKUR - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY TRIBAL AFFAIRS
DEPARTMENT VALLABH BHAWAN BHOPAL M.P.
(MADHYA PRADESH)
2. THE COMMISSIONER SCHOOL TRIBAL AFFAIRS
D EPARTM EN T SATPURA BHAWAN BHOPAL
(MADHYA PRADESH)
3. THE JOINT DIRECTOR TREASURY AND
ACCOUNTS AND PENSION JABALPUR DIVISION
JABALPUR (MADHYA PRADESH)
4. ASSISTANT COMMISSIONER TRIBAL AFFAIRS
DEPARTMENT MANDLA DISTRICT MANDLA
(MADHYA PRADESH)
5. DISTRICT TRIBAL AFFAIRS DEPARTMENT
M A N D L A DISTRICT MANDLA (MADHYA
PRADESH)
6. DISTRICT TREASURY OFFICER MANDLA
DISTRICT MANDLA (MADHYA PRADESH)
7. BLOCK EDUCATION OFFICER NAINPUR DISTRICT
MANDLA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI V.P. TIWARI - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
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.
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 2/15/2023
11:33:04 AM
Under the circumstances, this petition is 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.
With the aforesaid, the petition is finally disposed of.
(ANAND PATHAK)
JUDGE
AT
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 2/15/2023
11:33:04 AM
