Citation : 2023 Latest Caselaw 9285 MP
Judgement Date : 21 June, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 21 st OF JUNE, 2023
WRIT PETITION No. 13159 of 2023
BETWEEN:-
NARU S/O RUPAJI NINAMA, AGED ABOUT 64 YEARS,
OCCUPATION: RETIRED GRAM PALSODI TEHSIL AVM
DISTRICT RATLAM (MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAVIN KUMAR BHATT, LEARNED COUNSEL)
AND
1. THE STATE OF MADHYA PRADESH LOK SWASTH
YANTRIKI VIBHAG PRAMUKH SACHIV MAHODAY
M.P. SHASAN DISTRICT BHOPAL (MADHYA
PRADESH)
2. PRAMUKH ABHIYANTA LOK SWASTHYA
YANTRIKI VIBHAG INDORE PARIKSHETRA
INDORE (MADHYA PRADESH)
3. SHRIMAN KARYAPALAN YANTRI MAHODAY LOK
SWASTHYA YANTRIKI VIBHAG SANDHARAN
KHAN NO. 1 MANDLESHWAR (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI MUKESH PARWAL, LEARNED GOVT. ADVOCATE FOR
RESPONDENTS/STATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Counsel for the petitioner submits that the present petition may be disposed off with a direction to the respondents to consider his representation (Annexure P/14, dated 25.04.2023) granting him minimum of the pay scale from Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 22-06-2023 11:36:40
the date of classification of his services in the light of the judgment passed by the Supreme Court in the case of Ramnaresh Rawat Vs. Ashwini Ray and others (2017) 3 SCC 436 and he be also granted retiral benefits counting his services from the date of initial appointment i.e. 01.06.1985.
2) Counsel for the State submits that the petitioner has submitted representation on 25.04.2023 and has filed the present petition without waiting for decision on the representation.
3) After hearing learned counsel for the parties and taking into consideration the grievance of the petitioner, the present petition is disposed off with a direction to the respondent No. 3 to consider and decide the
representation of the petitioner in the light of the judgment passed by the Apex Court in the case of Ramnaresh Rawat (supra) granting the benefit of minimum of pay scale from the date of classification without any increment and will also consider that whether the petitioner is entitled for retiral dues from the date of initial appointment. The said representation shall be decided within a period of three months from the date of communication of the order.
4) It is made clear that this Court has not examined the case of the petitioner on merit. It would be open for the petitioner to file additional representation along with the relevant documents and judgments of the Courts.
5) With the aforesaid, the writ petition is disposed off.
(VIJAY KUMAR SHUKLA) JUDGE soumya
Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 22-06-2023 11:36:40
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