Suresh vs Nagar Palika Nigam Dewas Through ...
2023 Latest Caselaw 73 MP

                                                       1
                  IN      THE       HIGH COURT OF MADHYA PRADESH
                                          AT INDORE
                                               BEFORE
                                   HON'BLE SHRI JUSTICE VIVEK RUSIA
                                        ON THE 2 nd OF JANUARY, 2023
                                      WRIT PETITION No. 27432 of 2022

                BETWEEN:-
                SURESH S/O SHRI PIRULAL, AGED ABOUT 50 YEARS,
                OCCUPATION: SERVISE 164 M.I.G. TULIJA VIHAR.
                DISTRICT DEWAS (MADHYA PRADESH)

                                                                                   .....PETITIONER
                (MS. RACHANA ZAMINDAR,ADVOCATE)

                AND
                NAGAR PALIKA NIGAM DEWAS THROUGH ITS
                COMMISSIONER NAGAR PALIKA NIGAM DEWAS A.B.
                ROAD. DISTRICT DEWAS (MADHYA PRADESH)

                                                                                  .....RESPONDENT
                (SHRI KUSHAL GOYAL,ADVOCATE)

                         T h is petition coming on for orders this day, t h e cou rt passed the
               following:
                                                        ORDER

This writ petition has been filed by the petitioner under Article 226 of the

Constitution of India seeking the following reliefs:-

"A . That, an appropriate writ direction or order be issued mandating the respondent to release the increments from the date of completion of probation period.

B. That the service of the petitioner may be directed to be confirmed.

C. The petition is allowed with costs.

D. Any other and further relief, as may be deemed fit may be Signature Not Verified granted to the petitioner."

Signed by: REENA PARTHO SARKAR Signing time: 1/3/2023 5:13:51 PM Learned counsel for the respondent at the outset has submitted that in the

present case, the petitioner has not preferred the representation and the same is covered by a recent decision rendered by this Court in passed WP No.27431/2022 dated 15/12/2022 and thus, the petition may be disposed of in terms of the aforesaid order only.

The prayer is opposed by Ms. Rachana Zamindar, learned counsel for the petitioner and it is submitted that no purpose would be served to direct the respondents to decide the petitioner's representation when the case is already covered by the case of Girjesh Sharma Vs. Nagar Palika Nigam Dewas passed in WP No.777/2017 on 01/10/2018.

Heard learned counsel for the parties and perused the record.

O n due consideration of submissions and on perusal of the documents filed on record including the order passed by this Court in WP No.27431/2022 which reads as under:-

"At the outset, learned counsel for the petitioner makes a prayer that the present petition may be disposed off with a direction to the respondent to consider and decide the representation in terms of the order dated 01.10.2018 passed by this Court in the case of Girjesh Sharma vs. Nagar Palika Nigam Dewas (Writ Petition No.777 of 2017). The petitioner was appointed by an order dated 30.09.1995 in the pay scale of 950-25-1000-30 as a probationer. His period of probation came to an end after 2 years, however, the petitioner is not receiving the increments.

After hearing learned counsel for the parties and taking into consideration the order passed in the case of Girjesh Sharma (supra), I deem it expedient to dispose off the present petition with liberty to the petitioner to submit a representation before the respondent No.1 within a period of 15 days from today and if such representation is submitted, the same shall be considered and decided by the respondent No.1 taking into consideration the judgment passed in the case of Girjesh Sharma (supra) and if the case of the petitioner is similar to the case of Girjesh Sharma, the benefit of regular increment and revised pay scale and Signature Not Verified consequential benefits be also given to him. The respondent shall Signed by: REENA PARTHO SARKAR pass a reasoned and speaking order if the petitioner is not Signing time: 1/3/2023 5:13:51 PM entitled for the said payment. With the aforesaid, the present

petition is disposed off."

I t is found that in the present case, the petitioner has not even filed a representation claiming parity on the ground of the order passed in the case of Girjesh Sharma (supra). In view of the same, this Court finds that the order passed in WP No.27431/2022 shall be applicable in the case mutatis mutandis and thus, the petitioner is directed to submit a detailed representation before the respondent No.1 within a period of 15 days from today, which shall be considered and decided by the respondent No.1 within a period of two months taking into consideration the judgment passed in the case of Girjesh Sharma (supra) and if the case of the petitioner is similar to the case of Girjesh Sharma, the benefit of regular increment and revised pay scale and consequential benefits be also given to him. The respondent shall pass a reasoned and speaking order if the petitioner is not entitled for the said payment.

With the aforesaid, the present petition is disposed of.

(VIVEK RUSIA) JUDGE das

Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 1/3/2023 5:13:51 PM