Subhashchandra Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 9805 MP

                                      -1-


       IN THE HIGH COURT OF MADHYA PRADESH
                    AT I N D O R E
                             BEFORE
                 HON'BLE SHRI JUSTICE VIVEK RUSIA
                      ON THE 28th OF JUNE, 2023


                   WRIT PETITION No. 14106 of 2023

BETWEEN:-
SUBHASHCHANDRA SHARMA S/O SHRI NARMADAPRASADJI SHARMA,
AGED ABOUT 66 YEARS, OCCUPATION: PENSIONER R/O 121 MAHAVEER
NAGAR RATLAM (MADHYA PRADESH)
                                                          .....PETITIONER
(BY SHRI PRAVIN KUMAR BHATT, ADVOCATE)

AND
     THE STATE OF MADHYA PRADESH PRINCIPAL                     SECRETARY
1.
     VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
     SAHAYAK AAYUKT MAHODAY AADIWASI VIKAS VIBHAG DIST.
2.
     RATLAM (MADHYA PRADESH)
     SANYUKT SANCHALAK KOSH LEKHA VIBHAG UJJAIN, DIST. UJJAN
3.
     (MADHYA PRADESH)
     JILA PENSION ADHIKARI RATLAM DIST. RATLAM (MADHYA
4.
     PRADESH)
                                                       .....RESPONDENTS
(BY SHRI DEVAASHEESH DUBEY , PANEL LAWYER)
        This petition coming on for admission this day, the court passed
the following:
                                 ORDER

The petitioner has filed the present writ petition claiming the benefit of regular pay-scale from the date of initial appointment in light of the earlier orders passed by this Court.

02. Learned counsel appearing for the petitioner submitted that the same issue has already been decided by order dated 24.08.1992 passed by the M.P. State Administrative Tribunal in O.A.No. 2745/2009 (Madhukant Yadu V/s State of M.P.). The S.L.P. No. 6092/93 preferred against the said order was dismissed by the Supreme Court. He also submitted that similar writ petitions have already been disposed of by this Court by issuing directions in favour of the writ petitioner.

03. Learned counsel for the petitioner has submitted that the concerned respondent be directed to decide the petitioner's claim within a time bound period.

04. Learned counsel for the respondents/State has no objection to the same.

05. In view of the aforesaid, the present writ petition is disposed of by giving liberty to the petitioner to file an appropriate representation to the concerned respondent raising the grievance in respect of the non grant of regular pay-scale / increments from the date of initial appointment. If such a representation is submitted by the petitioner, the concerned respondent will consider and decide it within a period of four weeks from the date of its receipt keeping in view the judgment in the matter of Madhukant Yadu (supra) noted above and any other binding judgment on the point and if the petitioner is found to be entitled to the said benefit, the concerned respondent would extend such benefit to him without any delay. Any adverse order will be a reasoned speaking order.

Writ Petition stands disposed of to the extent indicated above.

(VIVEK RUSIA) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2023.06.28 19:10:42 +05'30'