Rajendra Kumar Jain vs The State Of Madhya Pradesh
2023 Latest Caselaw 692 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
       HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                    ON THE 11 th OF JANUARY, 2023
                    WRIT PETITION No. 810 of 2023

BETWEEN:-
RAJENDRA KUMAR JAIN S/O SHRI SUNNULAL JAIN
OCCUPATION: RETIRED, R/O PACCHADIKHEDA ROAD
ASHOKNAGAR (MADHYA PRADESH)

                                                               .....PETITIONER
(BY SHRI S.K.SHARMA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH ITS
      SECRETARY, MINISTRY OF SCHOOL EDUCATION,
      VALLABH BHAWAN BHOPAL (M.P.)

2.    DISTRICT    EDUCATION    OFFICER DISTT
      ASHOKNAGAR (MADHYA PRADESH)

3.    JOINT DIRECTOR TREASURY ACCOUNTS AND
      P E N S I O N , GWALIOR DIVISION GWALIOR
      (MADHYA PRADESH)

                                                            .....RESPONDENTS
(BY SHRI KAUSHLENDRA SINGH TOMAR - GOVT. ADVOCATE)

      Th is petition coming on for hearing 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 1999-2000, 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 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 Rks RAM KUMAR SHARMA 2023.01.12 10:30:29 +05'30'