Shri Shiv Kumar Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 10048 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                ON THE 3 rd OF JULY, 2023
                                            WRIT PETITION No. 14891 of 2023

                          BETWEEN:-
                          SHRI SHIV KUMAR SHARMA S/O SHRI RAMNATH
                          PRASAD SHARMA, AGED-72 YEARS, OCCUPATION:
                          RETIRED HEAD MASTER GOVT PRIMARY SCHOOL
                          BALAK DABOH, BHIND R/O GALAS SCHOOL WALI GALI
                          WARD NO. 18 BHIND (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI R.P. SINGH- ADVOCATE)

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

                          2.    DIRECTORATE           OF   PUBLIC  INSTRUCTION
                                THROUGH               COMMISSIONER       PUBLIC
                                I N S T R U C T I O N GAUTAM    NAGAR   BHOPAL
                                (MADHYA PRADESH)

                          3.    DIVISIONAL    JOINT   DIRECTOR TREASURY
                                DEPARTMENT     TREASURY ACCOUNT AND
                                PENSION    GWALIOR   CHAMBAL    DIVISION
                                MOTIMAHAL GWALIOR (MADHYA PRADESH)

                          4.    DISTRICT  EDUCATION  OFFICER           SCHOOL
                                EDUCATION   DEPARTMENT BHIND          (MADHYA
                                PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI VIVEK KHEDKAR- AAG FOR THE STATE )

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

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 04-Jul-23 11:09:47 AM

The present petition has been filed by the petitioners under Article 226 of the Constitution of India to revise the defective second kramonnati orders passed with respect to petitioners however, in fact they were entitled to get the Second Kramonnati in the corresponding year with respect to continuous 24 years of service from the date of direct recruitment/appointment in regular service, but granted at the later stage in the year 2003 in place of 19.04.1999 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 petitioners are similarly situated or not. If the said authorities come to the conclusion that the petitioners are similarly situated, the same benefit be extended in favour of the present petitioners also within the same time.

Signature Not Verified It is made clear that this Court has not expressed any opinion on the Signed by: CHANDNI NARWARIYA Signing time: 04-Jul-23 11:09:47 AM

merits of the case.

With the aforesaid directions, the petition stands disposed of. CC as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 04-Jul-23 11:09:47 AM