Madan Mohan Upadhyay vs The State Of Madhya Pradesh
2023 Latest Caselaw 7444 MP

                                                                     1
                                        IN    THE     HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                 BEFORE
                                                   HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                            ON THE 8 th OF MAY, 2023
                                                        WRIT PETITION No. 10200 of 2023

                                       BETWEEN:-
                                       MADAN MOHAN UPADHYAY S/O LATE SHRI SHOBHNAT
                                       UPADHYAY, AGED ABOUT 72 YEARS, OCCUPATION:
                                       OCCUPATION-RETIRED TEACHER R/O WARD NO 2
                                       JAITHRI TEHSIL JAITHARI DISTRICT ANUPPUR
                                       (MADHYA PRADESH)

                                                                                            .....PETITIONER
                                       (BY SHRI R.S. RATHORE - ADVOCATE)

                                       AND
                                       1.    THE STATE OF MADHYA PRADESH THROUGH
                                             PRINCIPAL SECRETARY TRIBAL WELFARE
                                             DEPARTMENT R/O VALLABH BHAWAN BHOPAL
                                             (MADHYA PRADESH)

                                       2.    SECRETARY FINANCE DEPARTMENT GOVT. OF
                                             M.P. VALLABH BHAWAN BHOPAL (MADHYA
                                             PRADESH)

                                       3.    JOINT DIRECTOR TREASURY ACCOUNTS AND
                                             P E N S I O N SHAHDOL DIVISION SHAHDOL
                                             (MADHYA PRADESH)

                                       4.    ASSISTANT COMMISSIONER TRIBAL WELFARE
                                             D EPARTM EN T ANUPPUR DISTRICT ANUPPUR
                                             (MADHYA PRADESH)

                                       5.    DISTRICT EDUCATION    OFFICER ANUPPUR
                                             DISTRICT ANUPPUR (MADHYA PRADESH)

                                       6.    BLOCK EDUCATION OFFICER TRIBAL WELFARE
                                             D E PA R T M E N T BLOCK   JAITHARI   TEHSIL
Signature Not Verified
                                             JAITHARI      DISTRICT   ANUPPUR    (MADHYA
  SAN
                                             PRADESH)
Digitally signed by MRS. LORETTA RAJ

                                       7.    DISTRICT   TREASURY   OFFICER  ANUPPUR
Date: 2023.05.09 19:25:04 IST



                                             DISTRICT ANUPPUR (MADHYA PRADESH)
                                                                              2

                                       8.     SANKUL PRINCIPAL GOVT. HIGHER SECONDARY
                                              GIRLS SCHOOL JAITHARI DISTRICT ANUPPUR
                                              (MADHYA PRADESH)

                                                                                                     .....RESPONDENTS
                                       (BY SHRI JITENDRA VISHWAKARMA - PANEL LAWYER)

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

Petitioner's grievance is that his case is not being considered on the touchstone of the judgment of this Hon'ble High Court (Bench at Indore) in Writ Appeal No.346/2008 (Smt.Usha Ranaut versus State of Madhya

Pradesh & Others) decided on 18.12.2008, therefore, he prays for a direction to the competent authority to consider his case on the touchstone of the judgment of this Hon'ble High Court (Bench at Indore) in Writ Appeal No.346/2008 (Smt.Usha Ranaut versus State of Madhya Pradesh & Others) decided on 18.12.2008 and if the petitioner's case is found to be similar then extend him the benefit of grant of increment from the date of his initial joining.

Learned Government Advocate has no objection to the prayer made by learned counsel for the petitioner.

Accordingly, this writ petition can be disposed of with a direction that in case the petitioner files a fresh representation to the respondent No.5 District Organizer Tribal Welfare Department, Satna within fifteen days from today alongwith certified copy of this order then the competent authority shall consider and decide such representation within a further period of sixty days Signature Not Verified SAN

having regard to the judgment of this Hon'ble High Court (Bench at Indore) in Digitally signed by MRS. LORETTA RAJ Date: 2023.05.09 19:25:04 IST

Writ Appeal No.346/2008 (Smt.Usha Ranaut versus State of Madhya

Pradesh & Others) decided on 18.12.2008. This Court has not expressed any opinion on the merits of the case.

In above terms, this writ petition is disposed of.

(VIVEK AGARWAL) JUDGE Loretta

Signature Not Verified SAN

Digitally signed by MRS. LORETTA RAJ Date: 2023.05.09 19:25:04 IST