Vilas Kumar Maratha vs The State Of Madhya Pradesh
2023 Latest Caselaw 2799 MP

                                                         1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                           ON THE 15 th OF FEBRUARY, 2023
                                           WRIT PETITION No. 2621 of 2023

                         BETWEEN:-
                         VILAS KUMAR MARATHA S/O SHRI GUNVANT RAO
                         MARATHA, AGED ABOUT 60 YEARS, OCCUPATION:
                         UPPER DIVISION TEACHER MAHAKAUSHAL HIGHER
                         SECONDARY SCHOOL GOLE BAZAR JABALPUR 537
                         KAMLA NEHRU NAGAR       JABALPUR  (MADHYA
                         PRADESH)

                                                                                    .....PETITIONER
                         (BY SHRI ANKIT CHOPRA - 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.    GOVERNMENT     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:

2/15/2023 5:46:31 PM

Commission's Recommendations. Petitioner has already made a representation, 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 Secretary, School Education Department, Bhopal 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 in C ivil 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:

2/15/2023 5:46:31 PM