Satyaprakash Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 1341 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                           ON THE 23 rd OF JANUARY, 2023
                                          WRIT PETITION No. 27581 of 2022

                          BETWEEN:-
                          1.    SATYAPRAKASH SHARMA S/O SHRI GANGA
                                DAYAL SHARMA, AGED 64 YEARS, OCCUPATION:
                                RETIRED    TEACHER    GOVERNMENT    HIGH
                                SCHOOL     KAYARIPURA   ATER    DISTRICT
                                BHIND(M.P.) R/O GRAM POST AAKON TEHSIL
                                ATER DISTRICT BHIND (MADHYA PRADESH)

                          2.    KALYAN SINGH YADAV S/O GHANSYAM SINGH,
                                AGED 73 YEARS, OCCUPATION: RETIRED HEAD
                                MASTER GOVERNMENT PRIMARY SCHOOL,
                                AMAHA DAVOH, DISTRICT BHIND(M.P.) R/O
                                WARD NO. 13 HANUMAN COLONY DAVOH LAHAR
                                DISTRICT- BHIND (MADHYA PRADESH)

                                                                            .....PETITIONERS
                          (BY SHRI R.P. SINGH- ADVOCATE)

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

                          2.    DIRECTORATE OF PUBLIC INSTRUCTIONS
                                THROUGH         COMMISSIONER    PUBLIC
                                IN S TR UCTION S DIRECTORATE OF PUBLIC
                                INSTRUCTIONS (DPI) GUTAM NAGAR BHOPAL
                                (MADHYA PRADESH)

                          3.    TREASURY DEPARTMENT THROUGH DIVISIONAL
                                JOINT DIRECTOR, TRESARY, ACCOUNT, &
                                PENSION, GWALIOR CHAMBAL DIVISION, NAYA
                                RAJSWA BHAWAN NEAR NAKA CHANDRAVADNI
                                LASHKAR, GWALIOR (MADHYA PRADESH)

                          4.    DISTRICT EDUCATION OFFICER BHIND DISTRICT
                                BHIND (MADHYA PRADESH)
Signature Not Verified
Signed by: ASHISH PAWAR
Signing time: 24-Jan-23
10:39:51 AM
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                                                                                          .....RESPONDENTS
                          (BY SHRI JITESH SHARMA - GOVERNMENT ADVOCATE)

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

The present petition has been filed by the petitioner under Article 226 of the Constitution of India to revise the defective second kramonnati orders passed with respect to petitioner however, in fact he was entitled to get the Second Kramonnati in the corresponding year with respect to continuous 24 years of service from the date of direct recruitment/appointment in regular service, but granted at the later stage in the year 2003, in place of 19.04.1999, in

an arbitrary manner.

Learned counsel for the petitioner submits that the present matter is covered by the judgment delivered by this Court in the case of Smt. Prerna Vs. State of M.P. & Others (W.P.No.6773/2006(S) decided on 26.1.2007). Learned counsel further submits that the petitioner intends to prefer representation which may be directed to be decided expeditiously by the respondents/ authorities.

Learned Govt. Advocate has not opposed the prayer made by the learned counsel for the petitioners.

I n the light of the submission made by the learned counsel for the petitioners, this petition is disposed of with a direction to the petitioners to file representation along with copy of this order before the respondents/authorities. In turn, the said respondents/authorities shall consider and decide the same by a reasoned and speaking order within a period of three months therefrom in accordance with rules by taking into account the judgment in Prerna's case Signature Not Verified Signed by: ASHISH PAWAR Signing time: 24-Jan-23 10:39:51 AM

and examine whether the petitioners are similarly situated or not. If the said authorities come to the conclusion that the petitioners are similarly situated, the same benefit be extended in favour of the present petitioners also within the same time.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid directions, the petition stands disposed of. C.C. as per rules.

(MILIND RAMESH PHADKE) JUDGE Vishal

Signature Not Verified Signed by: ASHISH PAWAR Signing time: 24-Jan-23 10:39:51 AM