Mohar Singh Tomar vs The State Of Madhya Pradesh
2023 Latest Caselaw 4085 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE ANAND PATHAK
                                            ON THE 15 th OF MARCH, 2023
                                          WRIT PETITION No. 4629 of 2023

                          BETWEEN:-
                          1.    MOHAR SINGH TOMAR S/O SHRI CHOTE SINGH,
                                AGED ABOUT 63 YEARS, OCCUPATION: RETD.
                                TIME KEEPER/STHAL SAHAYAK , PWD SUB
                                DIVISION 2 MORENA,R/O GANESHPURA MORENA
                                (MADHYA PRADESH)

                          2.    NARESH SINGH TOMAR S/O CHANDAN SINGH,
                                AGED ABOUT 63 YEARS, OCCUPATION: RETD.
                                TIME KEEPER/SHTAL SAHAYAK PUBLIC WORKS
                                DEPARTMENT SUB DIVISION 2 MORENA
                                MIRDHAN MORENA (MADHYA PRADESH)

                          3.    RADHE SHYAM SHARMA S/O JAGANNATH
                                SHARMA, AGED ABOUT 62 YEARS, OCCUPATION:
                                RETD. TIME KEEPER/STHAL SAHAYAK PUBLIC
                                WORK DEPARTMENT SUB DIVISION 2 MORENA
                                MORENA (MADHYA PRADESH)

                                                                            .....PETITIONER
                          (BY SHRI ALOK BANDHU SHRIVASTAVA - ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                SECRETARY VALLABH    BHAWAN   BHOPAL
                                (MADHYA PRADESH)

                          2.    ENGINEER    IN    CHIEF PUBLIC  WORKS
                                DEPARTMENT BHOPAL (MADHYA PRADESH)

                          3.    CHIEF ENGINEER PUBLIC WORKS DEPARTMENT
                                BHOPAL (MADHYA PRADESH)

                          4.    EXECUTIVE  ENGINEER   PUBLIC    WORKS
                                DEPARTMENT GUNA (MADHYA PRADESH)

                          5.    DISTRICT PENSION OFFICER DISTRICT PENSION
                                OFFICE MORENA (MADHYA PRADESH)
Signature Not Verified
Signed by: ASHISH DATTA
Signing time: 3/17/2023
11:39:22 AM
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                                                                                            .....RESPONDENTS
                          (BY SHRI JITESH SHARMA - GOVERNMENT ADVOCATE)

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

In this petition under Article 226 of the Constitution of India, petitioners have prayed for the following reliefs:-

"1. Direct the respondents to extend all service benefits of kramonnati pay scale from the date when it was given to similar employee working in work-charge

establishment, by order dated 27/29-03/2001, Annexure P/7.

2. Direct the respondents to extend all service benefits of kramonnati pay scale and arrears amount with interest from the date when it was given to other similar employee working n work-charge establishment

3. That directed to respondent to decide kramonnati benefits in the light of order of Hon'ble High Court Annexure P/1 and P/2 within a time bound period,

4. That. any other relief which this Honble Court deemfit in the fact circumstances of the present."

2. Petitioners have placed the order dated 07.11.2005 passed in W.P. No.1070/2003 (K.L. Ashray Vs. State of M.P.) and submits that case of the petitioners is at par with the case of K.L. Ashray. Order of the writ petition Signature Not Verified Signed by: ASHISH DATTA Signing time: 3/17/2023 11:39:22 AM

was challenged in Writ Appeal by State Government vide W.A. No.912/2015 (The State of Madhya Pradesh Vs. Anil Kumar Garg & Ors.) and other connected matters, which was dismissed by Division Bench of this Court. Later on, S.L.P. was preferred by the State vide S.L.P. No.8436/2014 and same was dismissed vide order dated 04.07.2014. Therefore, petitioners seek parity.

3. Learned counsel for the respondent/State could not dispute the said fact.

4. Considering the submissions advanced by learned counsel for the parties, petition stands disposed of with a direction to the petitioners to prefer a representation before the respondents raising all the grounds raised in the petition and if such representation is so preferred, the same shall be considered and decided by the respondents in light of the judgment of K.L. Asre (supra) passed by the coordinate Bench of this Court, which got affirmed from the Apex Court. Let this be done within three months from the date of receipt of certified copy of this order and the representation of the petitioners.

5. It is made clear that this Court has not expressed any opinion regarding the merits of the case of the parties. The aforesaid order shall remain in force subject to final decision in S.L.P.No.10282/2016 pending before the Apex Court.

6. Petition stands disposed of in above terms.

C.C. as per rules.

(ANAND PATHAK) JUDGE a.

Signature Not Verified Signed by: ASHISH DATTA Signing time: 3/17/2023 11:39:22 AM