Ashok Kumar Singh Chauhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 7528 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                   ON THE 9 th OF MAY, 2023
                                              WRIT PETITION No. 8910 of 2023

                          BETWEEN:-
                          ASHOK KUMAR SINGH CHAUHAN S/O LATE SHRI BRIJ
                          NANDAN SINGH CHAUHAN, AGED ABOUT 63 YEARS,
                          OCCUPATION: RETIRED ASSISTANT ENGINEER, R/O
                          SHILPI GREEN COLONY, QR- JB 02, DISTRICT REWA
                          (MADHYA PRADESH)

                                                                                             .....PETITIONER
                          (BY SHRI AMAN DAWRA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                ADDITIONAL   CHIEF  SECRETARY,   WATER
                                RESOURCES    DEPARTMENT,    MANTRALYA,
                                VALLABH    BHAWAN,   BHOPAL    (MADHYA
                                PRADESH)

                          2.    ENGINEER    IN   CHIEF, WATER RESOURCE
                                D EPARTM EN T, NARMADA BHAWAN, TULSI
                                NAGAR, BHOPAL (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          (BY SHRI L.A.S. BAGHEL - GOVERNMENT ADVOCATE)

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

By the instant petition filed under Article 226 of the Constitution of India, the petitioner is raising grievance that though he has been granted the benefit of third time scale of pay, but it is granted from some other date.

The counsel for the petitioner submits that in one of cases i.e. W.P. No.8883 of 2023 (Neeraj Kumar Mishra Vs. State of Madhya Pradesh Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 5/10/2023 10:47:22 AM

and others), this Court granted the benefit saying that the period of adhock services be also counted for the purpose of granting the time scale of pay and as such, the benefit which has been granted to the petitioner from latter date should be granted with prior date considering his past services which he has rendered as adhock appointee.

Considering the aforesaid, this petition is disposed of directing the petitioner to submit a representation before the authority along with the judgment passed by this Court in case of Neeraj Kumar Mishra (supra) claiming relief of granting time scale of pay from a particular date.

On the same being done, respondent No.2 shall consider the claim of the

petitioner in the light of law laid down by this Court in case of Neeraj Kumar Mishra (supra) considering the entitlement of the petitioner.

The aforesaid exercise be completed within a period of three months from the date of submitting such representation.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid, this petition is disposed of.

(SANJAY DWIVEDI) JUDGE ac/-

Signature Not Verified Signed by: ANIL CHOUDHARY Signing time: 5/10/2023 10:47:22 AM