Mahesh Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 2636 MP

                                                         1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                           ON THE 13 th OF FEBRUARY, 2023
                                           WRIT PETITION No. 2620 of 2023

                         BETWEEN:-
                         MAHESH PATEL S/O LATE SHRI LALMAN PATEL, AGED
                         ABOUT 52 YEARS, OCCUPATION: PEON MAHARASHTRA
                         HIGHER     SECONDARY     SCHOOL, GOLE BAZAR,
                         JABALPUR R/O LALMATI, SIDHBABA, (MADHYA
                         PRADESH)

                                                                                    .....PETITIONER
                         (BY SHRI GHANSHYAM BARMAN - ADVOCATE)

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

                         2.    DISTRICT EDUCATION OFFICER JABALPUR
                               DISTRICT JABALPUR (MADHYA PRADESH)

                         3.    GOVERNING BODY OF MAHARASHTRA SIKSHAN
                               MANDAL THROUGH ITS CHAIRMAN GOLE
                               BAZAR, JABALPUR (MADHYA PRADESH)

                                                                                 .....RESPONDENTS
                         (BY SHRI VIJAY KUMAR SHUKLA - PANEL LAWYER)

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

Learned counsel for the petitioner submits that the petitioner is an employee of Grant-In-Aid of the School, namely, Maharashtra Shikshan Mandal, Gol Bazar, Jabalpur but he is not given the benefit of 7th Pay

Signature Not Verified Signed by: AMIT JAIN Signing time:

2/14/2023 11:24:07 AM

Commission's Recommendations. Petitioner has already made a representation (Annexure P/8), which is pending for consideration. Petitioner is entitled to the said benefit in terms of the law laid down by Hon'ble the Supreme Court vide order dated 1.7.2014 passed in Civil Appeal No.6362/2004 (State of Madhya Pradesh & Another versus Sharique A Ali & Others).

Accordingly, this writ petition can be disposed of with a direction that in case the petitioner files a fresh representation within fifteen days from today alongwith certified copy of this order then the same shall be considered and decided by the District Education Officer, Jabalpur within a further period of sixty days through a speaking order under communication to the petitioner

keeping in view the judgment of Hon'ble the Supreme Court passed on 1.7.2014 i n Civil Appeal No.6362/2004 (State of Madhya Pradesh & Another versus Sharique A Ali & Others). This Court has not expressed any opinion on the merits of the case.

In above terms, this writ petition is disposed of.

(VIVEK AGARWAL) JUDGE amit

Signature Not Verified Signed by: AMIT JAIN Signing time:

2/14/2023 11:24:07 AM