Nain Singh Vayam vs The State Of Madhya Pradesh
2023 Latest Caselaw 2629 MP

                                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. 1460 of 2023

BETWEEN:-
NAIN SINGH VAYAM S/O SHRI JOHAR SINGH VAYAM,
AGED ABOUT 75 YEARS, OCCUPATION: RETIRED HEAD
MASTER R/O SANKUL GOVT. H.P. SCHOOL JAITPURI
(BIHAR) BLOCK BIHAR       DISTRICT BALAGHAT
(MADHYA PRADESH)

                                                           .....PETITIONER
(BY SHRI NEERAJ JAIN - ADVOCATE)

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

2.    THE DISTRICT EDUCATION OFFICER BALAGHAT
      DISTRICT BALAGHAT (MADHYA PRADESH)

3.    THE DISTRICT TREASURY OFFICER BALAGHAT
      DISTRICT BALAGHAT (MADHYA PRADESH)

4.    THE DISTRICT PENSION OFFICER BALAGHAT
      DISTRICT BALAGHAT (MADHYA PRADESH)

                                                        .....RESPONDENTS
(BY MS. SHRADDHA TIWARI - PANEL LAWYER)

      This petition coming on for admission this day, th e court passed the
following:
                                      2
                                      ORDER

Shri Neeraj Jain, learned counsel for the petitioner. By this petition, filed under Article 226 of the Constitution of India, the petitioner has prays for the following reliefs:-

(i) To call for the entire records pertaining to the petitioner for kind perusal of this Hon'ble Court.

(ii) To direct the respondent to extend the benefits of the Krammonati/time bound promotion/higher pay scale to the petitioner, as per the circular and as per law laid down by this Hon'ble Court in the case of Smt. Prerna and to provide all consequential benefits to the petitioner.

(iii) To direct the respondents-authorities to consider and decide the representation dated 21.12.2022 (Annexure P/3) submitted by the petitioner.

(iv) Any other reliefs which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, including cost of the litigation, may kindly be awarded in favour of the petitioner.

It is submitted by the learned counsel for the petitioner that relying on decision rendered in Writ Petition No.6773/2006 (Prerna Koranne vs. State of Madhya Pradesh) vide order dated 26.4.2007 directions were issued in W.P. No. 11238/2017 (Ram Prasad Mishra vs. The State of Madhya Pradesh), which may also be issued in this case as these cases relate to grant of Kramonnati, A coordinate Bench of this Court in the case of Ram Prasad Mishra (supra), has passed the following orders:

Learned counsel for the petitioner at the outset submits that the controversy involved in the matter is finally decided by this Court in Writ Petition No.6773/2006 (Prerna Koranne vs. State of MP), decided at Indore Bench vide order dated 26.4.2007. Petitioner submits that he intends to prefer

representation, which may be directed to be decided by the respondent No. 2 to 4, in the light of the judgment in the case of Prerna (supra), within a stipulated time.

The aforesaid innocuous relief prayed for is not opposed by learned Government Advocate appearing for the respondents.

Accordingly, without expressing any opinion on the merits and entitlement of the petitioner, this petition is disposed of with the following directions:

(1) The petitioner shall prefer a detailed representation along with the judgment in the case of Prerna Koranne (supra) on which he wants to place reliance and file it before respondent No. 2 to 4, within 10 days from the date of receipt of certified copy of the order.

(2) The said respondents shall consider and examine the applicability of such judgments in case of petitioner. In the event the authorities come to the conclusion that the petitioner is entitled for similar benefits and claims, the claims be paid to the petitioner within 60 days. The said respondents while deciding the representations shall pass a reasoned and speaking order.

With the aforesaid observation, the petition stands disposed of. In view of the prayer made by the petitioners, the order passed in W.P. No.11238/2017 shall apply mutatis mutandis to the present case also.

With the aforesaid observation, this petition stands disposed of.

(ANAND PATHAK) JUDGE ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.02.13 18:12:55 +05'30'