Siddarth Jain vs The State Of Madhya Pradesh
2023 Latest Caselaw 2637 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. 2942 of 2023

                         BETWEEN:-
                         SIDDARTH JAIN S/O LATE SHRI JAI KUMAR JAIN,
                         AGED ABOUT 32 YEARS, OCCUPATION: ASSISTANT
                         GRADE-3, R/O 250,CHAKRAGHAT WARD, NEAR KAMAL
                         TYPING SAGAR, (MADHYA PRADESH)

                                                                                           .....PETITIONER
                         (BY SHRI H.K.QURESHI - ADVOCATE)

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

                         2.       THE   COLLECTOR, S A G A R DISTRICT          SAGAR
                                  (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

With the content of learned counsel for the parties, this case is finally heard.

Petitioner has filed this petition praying for a direction to the competent authority to grant benefit of annual increment on salary from the date of his initial appointment within specified time.

Learned counsel for the petitioner places reliance on Annexure P/10, a Signature Not Verified Signed by: AMIT JAIN Signing time:

2/14/2023 11:24:07 AM

copy of judgment rendered by a Coordinate Bench of this Hon'ble High Court in Writ Petition No.7849/2014 (Amarjeet Singh Ahirwar versus State of Madhya Pradesh) decided on 23.1.2015 and prays for adjudication of this matter in the light of the above-referred case.

The order passed by a Coordinate Bench of this Hon'ble High Court in Writ Petition No.7849/2014 (Amarjeet Singh Ahirwar versus State of Madhya Pradesh) on 23.1.2015 reads thus:-

''Learned counsel for the petitioner submits that the petitioner was appointed on the post of Assistant Grade-III in the like manner as respondent No.3 but is not paid the increment of pay from the

date of their initial appointment. It is further submitted that in case of similarly situated employee, namely, Raman Kumar Chouksey, who had filed Writ Petition No.17499/2012(S) before this Court, has already been granted the benefit of increment of pay from the date of his initial appointment. It is submitted that the same benefit may be extended to the petitioner as has been granted vide order dated 16.10.2012 in the case of Raman Kumar Chouksey in Writ Petition No.17499/2012(S).

Learned Panel Lawyer does not oppose the aforesaid prayer.

In view of the aforesaid submissions made by learned counsel for the parties, this writ petition is disposed of with a direction to the respondents to consider and decide the case of the petitioner in the light of the order dated 16.10.2012 passed by this Court in case of Raman Kumar Chouksey in Writ Petition No.17499/2012 within a period of two months from the date of receipt of certified copy of the order passed today.'' Signature Not Verified Signed by: AMIT JAIN Signing time:

2/14/2023 11:24:07 AM

Accordingly, without commenting anything on the merits of the case, this writ petition can be disposed of with a direction to the respondent/competent authority to consider and decide the case of the petitioner in the light of the order dated 16.10.2012 passed by this Court in case of Raman Kumar Chouksey in Writ Petition No.17499/2012 within a period of two months from the date of receipt of certified copy of the order passed today and the direction(s) issued in the above-referred case shall be applicable mutatis mutandis to the facts of the present case also.

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