Rajesh Kumar Kashyap vs The State Of Madhya Pradesh
2023 Latest Caselaw 2771 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                            ON THE 15 th OF FEBRUARY, 2023
                                            WRIT PETITION No. 2637 of 2023

                          BETWEEN:-
                          RAJESH KUMAR KASHYAP S/O LATE SHRI GORELAL
                          KASHYA, AGED ABOUT 60 YEARS, OCCUPATION: PEON
                          MAHAKAUSHAL HIGHER SECONDARY SCHOOL,GOLE
                          BAZAR, (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI S.R.TAMRAKAR- 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
                                M A N D A L THROUGH ITS  CHAIRMAN GOLE
                                BAZAR JABALPUR (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI LALIT JOGLEKAR- GOVERNMENT ADVOCATE)

                                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 Commission's Recommendations. Petitioner has already made a representation Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/20/2023 12:14:36 PM

(Annexure P/6), 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 to the Secretary, Department of School Education, respondent no.1 herein, the same shall be taken care of by the Secretary, the respondent no.1 herein and pass a reasoned order under due intimation to the petitioner within a period of sixty days from the date of receipt

of the representation keeping in view the judgment of Hon'ble the Supreme Court passed on 1.7.2014 in 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.

(ANAND PATHAK) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/20/2023 12:14:36 PM