Shafik Mohammad Qureshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 2873 MP

                                                      1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                  BEFORE
                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                         ON THE 16 th OF FEBRUARY, 2023
                                          WRIT PETITION No. 3559 of 2023

                         BETWEEN:-
                         SHAFIK MOHAMMAD QURESHI S/O JAAN MOHAMMAD
                         QURESHI, AGED ABOUT 63 YEARS, OCCUPATION:
                         RETIRED ASSTT. TEACHER, GOCT. MIDDLE SCHOOL,
                         PANCHAMDHANA, SANKUL SAWARI BAZAR, BLCOK
                         MOHKHED, DISTRICT CHHINDWARA (M.P.) R/O WARD
                         NO, 10 SATYAM SHIVAM COLONY, CHHINDWARA, DIST.
                         CHHINDWARA (MADHYA PRADESH)

                                                                            .....PETITIONER
                         (BY SHRI DEVESH BHOJNE - ADVOCATE)

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

                         2.    THE STATE OF M.P. THROUGH THE SECRETARY
                               FINANCE    DEPARTMENT VALLABH BHAWAN
                               BHOPAL (MADHYA PRADESH)

                         3.    THE      COMMISSIONER PUBLIC INSTRUCTION
                               D E PA R T M E N T GAUTAM NAGAR   BHOPAL
                               (MADHYA PRADESH)

                         4.    THE JOINT DIRECTOR TREASURY AND ACCOUNT
                               J A B A L P U R DISTRICT JABALPUR (MADHYA
                               PRADESH)

                         5.    THE       DISTRICT     TREASURY    OFFICER
                               C H H I N D WA R A DISTRICT    CHHINDWARA
                               (MADHYA PRADESH)

                         6.    THE      DISTRICT     EDUCATION    OFFICER
                               C H H I N D WA R A DISTRICT    CHHINDWARA
                               (MADHYA PRADESH)
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
2/16/2023 4:41:18 PM
                                                              2
                                                                                       .....RESPONDENTS
                         (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

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

Petitioner has filed present writ petition under Article 226 of the Constitution of India making a prayer that petitioner be granted regular pay scale from initial date of appointment as per judgment passed in Writ Appeal No.346/2008 [Smt. Usha Ranawat Vs. State of Madhya Pradesh and another].

2 . Learned counsel appearing for the petitioner submits that petitioner

was appointed on the post of Up-shikshak on 30.12.1986 and was regularized on 6.7.2005. He preferred a representation (Annexure-P/2) before District Education Officer, Chhindwara but same is pending for consideration. Petitioner's case is covered by judgment passed in WA No.346/2008 [Smt. Usha Ranawat Vs. State of Madhya Pradesh and another].

3. Learned Government Advocate appearing for State does not deny the aforesaid proposition.

4. I have heard learned counsel for the parties.

5. In view of aforesaid circumstances, this writ petition can be disposed of directing the respondent/competent authority to consider and decide the case of the petitioner in light of judgment passed in Writ Appeal No.346/2008 [Smt. Usha Ranawat Vs. State of Madhya Pradesh and another] by passing a reasonable and speaking order within a period of 45 days from date of receipt of certified copy of the order passed today.

6. No opinion is expressed on the merits of the case.

Signature Not Verified

7. With aforesaid direction, this writ petition is disposed of. Signed by: AMIT JAIN Signing time:

2/16/2023 4:41:18 PM

8. Certified copy as per rules.

(VIVEK AGARWAL) JUDGE amit

Signature Not Verified Signed by: AMIT JAIN Signing time:

2/16/2023 4:41:18 PM