Praveen Kumar Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 67 MP

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                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                              ON THE 2 nd OF JANUARY, 2023
                                             WRIT PETITION No. 2760 of 2018

                          BETWEEN:-
                          PRAVEEN KUMAR SHARMA S/O SHRI PREM AVTAR
                          SHARMA, AGED ABOUT 47 YEARS, OCCUPATION:
                          HELPER, R/O 36/89 KUSHWASHA COLONY, ETAWA
                          ROAD, BHIND (MADHYA PRADESH)

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

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL  SECRETARY,  PUBLIC   HEALTH
                                ENGINEERING     DEPARTMENT,   VALLABH
                                BHAWAN, BHOPAL (MADHYA PRADESH)

                          2.    ENGINEER   IN  CHIEF   PUBLIC   HEALTH
                                ENGINEERING   DEPARTMENT JAL BHAWAN
                                BANGANGA, BHOPAL (MADHYA PRADESH)

                          3.    CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
                                D EPARTM EN T SATPUDA BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          4.    EXECUTIVE   ENGINEER,  PUBLIC  HEALTH
                                ENGINEERING     DEPARTMENT MECHANICAL
                                DIVISION MOTI MAHAL, GWALIOR (MADHYA
                                PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI SUSHANT TIWARI - GOVERNMENT ADVOCATE)

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

This petition under Article 226 of the Constitution of India seeking the Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 1/3/2023 5:45:56 PM

following reliefs:-

7.1 That, the impugned action and order of respondents dt.09/05/2017 Annexure P/1 may kindly be declared as illegal and the same may kindly be quashed.

7.2 That, a direction may kindly be given to the respondents to give the service benefit and pay scale of the post of the permanent classified Helper from the date of his classification as permanent employee w.e.f. 28/05/1991 to the petitioner. And pay the arrears of salary on fixation of pay along with all consequences benefits with interest from the date of his Classification.

7.3 That, the respondents may further be directed to implement the direction/order passed by the Hon'ble High Court, in W.P. 6587/2015 dated 29/09/2015. 7.4 That, the respondents may further be directed to treat the petitioner at par with their similarly placed co-employees with seniority and consequential benefits on the post of Helper from the date of his Classification. 7.5 That, any other relief, which this Hon'ble Court may deem fit and proper may also be given to the petitioner along with costs.

A t the outset, learned counsel for the petitioner placed the judgment dated 26.08.2021 (bunch of petitions in which W.P. No.4018/2020(s) Kamta Prasad Vs. State of M.P. and others, is the leading case) and submitted that issue in question is squarely answered by the said judgment and in pursuance thereof, certain more orders have been passed. He relied upon the orders dated 03.01.2022 passed in W.P. No.28015/2021 and 27.01.2022 passed in W.P. No.16505/2017 by the Principal Seat, Jabalpur and seeks parity.

Learned Government Advocate for the respondents/State fairly submitted that issue involves in identical vis-a-vis cases referred above.

Heard.

Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 1/3/2023 5:45:56 PM

In view of the aforesaid, this petition is finally disposed of in terms of the order dated 26.08.2021 passed in W.P. No.4018/2020. Directions as contained therein, shall be made applicable mutatis mutandis to the facts and circumstances of the present case. Parties to act accordingly.

Petition stands allowed and disposed of in above terms.

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 1/3/2023 5:45:56 PM