Shekh Shafi Ansari vs The State Of Madhya Pradesh
2023 Latest Caselaw 1767 MP

                                       1

 IN     THE        HIGH COURT OF MADHYA PRADESH
                        AT JABALPUR
                             BEFORE
               HON'BLE SHRI JUSTICE ANAND PATHAK
                      ON THE 31 st OF JANUARY, 2023
                     WRIT PETITION No. 1827 of 2023

BETWEEN:-
SHEKH SHAFI ANSARI S/O SHEKH IMAM ANSARI, AGED
ABOUT 63 YEARS, OCCUPATION: RETIRED UPPER
DIVISION TEACHER R/O SINGODI NEAR URDU SCHOOL
TEHSIL AMARWADA (MADHYA PRADESH)

                                                              .....PETITIONER
(BY SMT. VANDANA TRIPATHI - ADVOCATE)

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

2.    ASSISTANT COMMISSIONER TRIBAL WELFARE
      D E P A R T M E N T CHHINDWARA DISTRICT
      CHHINDWARA (MADHYA PRADESH)

3.    BLOCK EDUCATION OFFICER HARAI DISTRICT
      CHHINDWARA (MADHYA PRADESH)

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

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

The present petition has been preferred under Article 226 of Constitution of India seeking following relief :-

(i) "Hon'ble Court may kindly be pleased to direct the

respondents-authorities to consider and decide the representation dated 19.12.2022 made by the petitioner contained in Annexure P/4 by a speaking and reasoned order within a time bound frame in light of the judgment of Hon'ble Apex Court as well as this Hon'ble Court contained in Annexures P/2 & P/3 in the interest of justice.

(ii) Any other writ/order or direction, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may also kindly be passed, in the interest of justice."

It is the submission of learned counsel for the petitioner that the petitioner superannuated on 30.06.2022 He is seeking increment which comes into force

on 1st of July of any year. Therefore, he be given the benefit of increment to be payable on 1st of July.

Learned Government Advocate for respondent/State informs this Court that the matter is pending before Full Bench of this Court by way of W.P. No.4118/2020. Learned Government Advocate refers pendency of SLP (SLP (C) No.8219/2020).

Considering the submissions of learned counsel for the parties, this petition is disposed of with a direction to the respondents/authorities that if the issue pending before Full Bench and Supreme Court has been decided in favour of the petitioner and if petitioner is found entitled to get the benefit of increment payable on 1st of July of any year immediate or subsequent to retirement of petitioner on 30th June of that year then benefit of one annual increment be added w.e.f. 01.07.2021 upto 30.6.2022 to the petitioner.

Needless to say that said benefit be extended to him if the petitioner informs the concerned authorities about the said order.

It is made clear that case of the petitioner may be considered then and there only, so that petitioner may not have to approach this Court again for the same relief. It is further clarified that if petitioner is found not entitled for the said benefit, then his case shall be rejected accordingly.

With the above, petition stands disposed of.

(ANAND PATHAK) JUDGE ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.01.31 18:09:30 +05'30'