Madhukar Chouhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 247 MP

                           1
 IN    THE    HIGH COURT OF MADHYA PRADESH
                   AT JABALPUR
                          BEFORE
            HON'BLE SHRI JUSTICE VISHAL DHAGAT
                 ON THE 4 th OF JANUARY, 2023
                WRIT PETITION No. 3120 of 2022

BETWEEN:-
MADHUKAR CHOUHAN S/O LATE GANGARAM
CHOUHAN, AGED ABOUT 59 YEARS, OCCUPATION:
UPPER DIVISION TEACHER R/O WCL COLONY
BHARTADEV    ROAD    CHANDANGAON,  DISTT.
CHHINDWARA (MP) (MADHYA PRADESH)

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

AND
1.    THE STATE OF MADHYA PRADESH THROUGH ITS
      PRINCIPAL SECRETARY TRIBAL WELFARE
      DEPARTMENT VALLABH BHAWAN BHOPAL M.P.
      (MADHYA PRADESH)

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

3.    THE   COMMISSIONER   TRIBAL  WELFARE
      DEPARTMENT SATPURA BHAWAN BHOPAL M.P.
      (MADHYA PRADESH)

4.    JOINT DIRECTOR TREASURY AND ACCOUNT
      JABALPUR JABALPUR DIVISION JABALPUR M.P.
      (MADHYA PRADESH)

5.    THE     DISTRICT     TREASURY  OFFICER
      CHHIN D WAR A DISTRICT CHHINDWARA M.P.
      (MADHYA PRADESH)

6.    THE ASSISTANT    COMMISSIONER    TRIBAL
      WELFARE             DEPARTMENT DISTRICT
      CHHINDWARA M.P. (MADHYA PRADESH)

7.    THE BLOCK EDUCATION OFFICER CHHINDWARA
      BICCHUA    TEHSIL   BICCHUA    DISTRICT
                            2
      CHHINDWARA M.P. (MADHYA PRADESH)

                                                             .....RESPONDENTS
(BY SHRI K.S. BAGHEL - GOVERNMENT ADVOCATE)

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

Petitioner has filed present writ petition under Section 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 WA No.346/2008 [Smt. Usha Ranawat Vs. State of Madhya Pradesh and another].

2. Learned counsel appearing for the petitioner submitted that petitioner

was appointed on the post of Up-shikshak on 21.11.1981 on fixed pay scale and was regularized on 23.06.1983. He preferred a representation dated 12.07.2021 (Annexure-P/2) before respondent No.6 but same was not considered. 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. Heard the counsel for the parties.

5. In view of aforesaid circumstances, writ petition is disposed of directing respondents to consider and decide the case of petitioner in light of judgment passed in WA 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.

7. With aforesaid direction, writ petition is disposed of.

8. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE shabana SHABANA Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=4bc06f2e678b75148b60bb7947ee9ffc5ed27ef1f4 3a5d4d93d2d13dda510735,

ANSARI pseudonym=B646F86821C200C9792A53984F1D0790135D E39A, serialNumber=8A5E15A33816E651B4DB52BF3225281EF6C 191F68E5EBE90A6E101CF42422711, cn=SHABANA ANSARI Date: 2023.01.04 16:18:12 +05'30'