Bharat Ram Paradkar vs The State Of Madhya Pradesh
2023 Latest Caselaw 614 MP

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                                        IN    THE       HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                           ON THE 10 th OF JANUARY, 2023
                                                          WRIT PETITION No. 30027 of 2022

                                       BETWEEN:-
                                       BHARAT RAM PARADKAR S/O SHRI GENDWAJI @
                                       GENDRAO, AGED ABOUT 74 YEARS, OCCUPATION:
                                       RETIRED HEAD MASTER R/O BLOCK PADHURNA,
                                       MUKAM POST SEONI (PADHURNA), TEHSIL PADHURNA,
                                       DISTRICT CHHINDWARA (MADHYA PRADESH)

                                                                                                      .....PETITIONER
                                       (BY SHRI VANDANA TRIPATHI, ADVOCATE)

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

                                       2.    DISTRICT EDUCATION OFFICER, CHHINDWARA
                                             DISTRICT CHHINDWARA (MADHYA PRADESH)

                                       3.    BLOCK    EDUCATION   OFFICER, PANDHURNA
                                             DISTRICT CHHINDWARA (MADHYA PRADESH)

                                       4.    SANKUL   PRINCIPAL, GOVERNMENT HIGHER
                                             SECONDARY        SCHOOL S E O N I TEHSIL
                                             PANDHURNA, DISTRICT CHHINDWARA (MADHYA
                                             PRADESH)

                                                                                                    .....RESPONDENTS
                                       (BY SHRI JITENDRA SHRIVASTAVA, PANEL LAWYER FOR THE STATE)

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

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2023.01.11 16:50:00 IST This writ petition is heard and disposed of finally with the consent of the

learned counsel for the parties.

The petitioner has filed the present writ petition claiming the benefit of regular pay-scale from the date of initial appointment in the light of the earlier orders passed by this Court.

Learned counsel appearing for the petitioner submitted that the same issue has already been decided by order dated 24.08.1992 passed by the M.P. State Administrative Tribunal in O.A.No. 2745/2009 (Madhukant Yadu V/s State of M.P.). The S.L.P. No. 6092/93 preferred against this order was dismissed by the Supreme Court. He also submitted that similar writ petitions have already been disposed of by this Court by issuing directions in favour of

the writ petitioners.

Learned counsel for the petitioner has submitted that the concerned respondent be directed to decide the petitioner's claim within a time bound period.

Learned counsel for the respondents/State has no objection to the same. In view of the aforesaid, the present writ petition is disposed of by giving liberty to the petitioner to file an appropriate representation to the concerned respondent raising the grievance in respect of the non grant of regular pay- scale/increments from the date of initial appointment. If such a representation is submitted by the petitioner, the concerned respondent will consider and decide it within a period of Eight weeks from the date of its receipt keeping in view the judgment in the matter of Madhukant Yadu (supra) noted above and any other binding judgment on the point and if the petitioner is found to be entitled to the said benefit, the concerned respondent would extend such benefit to her Signature Not Verified SAN

without any delay. Any adverse order will be a reasoned speaking order. Digitally signed by MOHD TABISH KHAN Date: 2023.01.11 16:50:00 IST

The writ petition is accordingly disposed of.

C.C. as per rules.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2023.01.11 16:50:00 IST