Citation : 2023 Latest Caselaw 813 MP
Judgement Date : 13 January, 2023
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 13 th OF JANUARY, 2023
WRIT PETITION No. 30326 of 2022
BETWEEN:-
1. PUNA RAM PATLE S/O LATE SHRI CHETAN LAL
PATEL, AGED ABOUT 58 YEARS, OCCUPATION:
ASSISTANT LINE MAN IN THE OFFICE OF UNDER
EXECUTIVE ENGINEER, M.P. P.K. V.V. CO. (O AND
M)DIVISION RAJEEV COLONY, MANDLA
(MADHYA PRADESH)
2. SUNDER LAL VISHEN S/O LATE SHRI BRIJ LAL
VISEN, AGED ABOUT 55 YEARS, OCCUPATION:
ASSISTANT LINE MAN UNDER EXECUTIVE
ENGINEER M.P.P.K.V.V.CO. (O AND M) DIVISION
WARASEONI DISTRICT BALAGHAT (MADHYA
PRADESH)
3. TEK LAL PATLE S/O LATE SHRI HARISH
CHANDRA PATLE, AGED ABOUT 57 YEARS,
OCCUPATION: ASSISTANT LINE MAN UNDER
EXECUTIVE ENGINEER M.P.P.K.V.V.CO. (O AND M)
DIVISION WARASEONI DISTRICT BALAGHAT
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI AJEET KUMAR SINGH - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
SECRETARY ENERGY DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. MANAGING DIRECTOR M.P. PURVE KSHETRA
VIDYUT VITRAN COMPANY SHAKTI BHAWAN
RAMPUR JABALPUR DISTRICT JABALPUR
(MADHYA PRADESH)
3. CHIEF GENERAL MANAGER (H.R. AND A.) M.P.
PURVE KSHETRA VIDYUT VITRAN COMPANY
SHAKTI BHAWAN RAMPUR JABALPUR DISTRICT
Signature Not Verified
JABALPUR (MADHYA PRADESH)
Signed by: ANAND KRISHNA
SEN
Signing time: 1/16/2023
4:40:07 PM
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4. EXECUTIVE ENGINEER M.P. PURVE KSHETRA
VIDYUT VITRAN COMPANY (O AND M) DIVISION
WARASEONI DISTRICT BALAGHAT (MADHYA
PRADESH)
5. EXECUTIVE ENGINEER M.P. PURVE KSHETRA
VIDYUT VITRAN COMPANY (O AND M) DIVISION
RAJEEV COLONY CHHUNA BHATTA MANDLA
DISTRICT MANDLA (MADHYA PRADESH)
6. COMMISSIONER EMPLOYEE PROVIDENT FUND
SCHEME NO. 5 VIJAY NAGAR JABALPUR
DISTRICT JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(STATE BY SHRI JITENDRA SHRIVASTAVA - PANEL LAWYER )
This petition coming on for admission this day, th e court passed the
following:
ORDER
Petitioners are seeking parity with the order dated 20.07.2022 passed in W.P.No.19948/2012 which was disposed of by a Coordinate Bench with direction to the respondents to confer the benefit of Higher Pay Scale upon completion of 09 years and 18 years of service to the petitioner while counting his length of service from the date of his initial appointment with Gramin Vidyut Sahkari Samiti, Maryadit within a period of 90 days, including all arrears.
Petitioners' counsel submits that his case is squarely covered by ratio of the said judgment.
The petition can be disposed of by observing that respondents will examining the case of the petitioners in the light of the order dated 20.07.2022 passed in W.P.No.19948/2012 and if it is found that the petitioners' case is similar then they be extended the same benefit else their representation be decided through a speaking order within a period of 30 days from the date of receipt of certified copy of the order passed today. Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 1/16/2023 4:40:07 PM
Petitioners does not press relief for pension and submits that they be given liberty to file separate petition if the occasion so arises.
In above terms and with the aforesaid liberty, petition is disposed of.
(VIVEK AGARWAL) JUDGE anand
Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 1/16/2023 4:40:07 PM
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