Ravindra Kumar Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 151 MP

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                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                            ON THE 3 rd OF JANUARY, 2023
                                           WRIT PETITION No. 29900 of 2022

                          BETWEEN:-
                          RAVINDRA KUMAR DUBEY S/O LATE SHRI LALLURAM
                          JI DUBEY, AGED ABOUT 69 YEARS, OCCUPATION:
                          PENSIONER (RETIRED UPPER DIVISION TEACHER
                          FROM GOVT. UTKARSH HIGHER SECONDARY SCHOOL
                          DABRA DISTRICT GWALIOR , SANKUL KENDRA
                          GOVERNMENT UTKARSH HIGHER          SECONDARY
                          SCHOOL DABRA, DISTRICT GWALIOR, DDO BLOCK
                          EDUCATION OFFICER DABRA, DISTRICT GWALIOR (MP
                          ) R/O A-29, SURYA NAGAR, NEAR SHABD PRATAP
                          ASHRAM LASHKAR GWALIOR (MADHYA PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI NIRAJ SHRIVASTAVA - ADVOCATE )

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

                          2.    COMMISSIONER DIRECTORATE OF PUBLIC
                                INSTRUCTION (DPI) GAUTAM NAGAR DISTRICT
                                BHOPAL (MADHYA PRADESH)

                          3.    DISTRICT EDUCATION OFFICER        GWALIOR
                                PHOOTI COLONY SIROL ROAD          (MADHYA
                                PRADESH)

                          4.    DIVISIONAL JOINT DIRECTOR DIRECTORATE OF
                                TREASURY     AND    ACCOUNTS    GWALIOR,
                                CHAMBAL       DIVISION, RAJASWA BHAWAN,
                                GWALIOR (MADHYA PRADESH)

                          5.    DISTRICT TREASURY OFFICER,        GWALIOR,
                                DISTRICT  TREASURY OFFICE,        GWALIOR
                                (MADHYA PRADESH)

                          6.    DISTRICT    PENSION       OFFICER, GWALIOR,
Signature Not Verified
Signed by: ABDUR RAHMAN
Signing time: 1/4/2023
5:09:22 PM
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                                DISTRICT PENSION OFFICE, GWALIOR (MADHYA
                                PRADESH)

                                                                                         .....RESPONDENTS
                          (BY SHRI DEVENDRA CHAUBEY - 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 form the date of direct recruitment/appointment in regular service, but granted at the later stage in the year 2003 in place of 14/06/2000 in a 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 petitioner.

In the light of submission made by the learned counsel for the petitioner, this petition is disposed of with a direction to the petitioner 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 Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 1/4/2023 5:09:22 PM

accordance with rules by taking into account the judgment in Prerna's case and examine whether the petitioner is similarly situated or not. If the said authorities come to the conclusion that the petitioner is similarly situated, the same benefit be extended in favour of the present petitioner 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 Chandni

Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 1/4/2023 5:09:22 PM