Mangal Prasad Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 7634 MP

Citation : 2023 Latest Caselaw 7634 MP
Judgement Date : 10 May, 2023

Madhya Pradesh High Court

Mangal Prasad Rajak vs The State Of Madhya Pradesh on 10 May, 2023

Author: Vivek Agarwal

                                                                     1
                                   IN    THE        HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                                             BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                          ON THE 10 th OF MAY, 2023
                                                      WRIT PETITION No. 7202 of 2023

                                  BETWEEN:-
                                  MANGAL PRASAD RAJAK S/O SHRI IMRAT PRASAD
                                  RAJAK, AGED ABOUT 70 YEARS, OCCUPATION:
                                  RETIRED ASSISTANT TEACHER GOVT. P.S DHOUHA
                                  SANKUL MEHAR, DISTT. SAGAR (MADHYA PRADESH)

                                                                                                     .....PETITIONER
                                  (BY MS. AKANKSHA VAIDYA - ADVOCATE)

                                  AND
                                  1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                        PRINCIPAL SECRETARY SCHOOL EDUCATION
                                        DEPARTMENT VALLABH BHAWAN, BHOPAL
                                        (MADHYA PRADESH)

                                  2.    THE DISTRICT EDUCATION OFFICER SAGAR
                                        DISTRICT SAGAR (MADHYA PRADESH)

                                  3.    THE DISTRICT TREASURY OFFICER                 SAGAR
                                        DISTRICT SAGAR (MADHYA PRADESH)

                                  4.    THE   DISTRICT   PENSION   OFFICER SAGAR
                                        DISTRICT SAGAR (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS
                                  (BY SHRI SHIV KUMAR SHRIVASTAVA - GOVT. ADVOCATE)

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

Shri Neeraj Jain, learned counsel for the petitioners. Signature Not Verified SAN

This petition has been filed seeking following reliefs:- Digitally signed by TULSA SINGH Date: 2023.05.12 10:27:00 IST

I) To call for the entire records pertaining to the petitioner for kind perusal of this Hon'ble Court.

II) To direct the respondent to extend the benefits of the karmonnati/time bound promotion/higher pay scale to the petitioner, as per the circular and as per law laid down by this Hon'ble Court in the case of Smt. Prerna and to provide all consiquenstion benefits to the petitioner.

III) To direct the respondent authorities to consider and decide the representation (Annexure-P/3) submitted by the petitioner.

IV) Any other suitable relief which this Hon'ble Court may

deem fit and proper in the facts and circumstances of the case including cost of the litigation may kindly be awarded in favour of the petitioner.

It is submitted by the learned counsel for the petitioners that relying on decision rendered in Writ Petition No.6773/2006 (Prerna vs. State of Madhya Pradesh) directions were issued in W.P. No. 11238/2017 (Ram Prasad Mishra vs. The State of Madhya Pradesh), which may also be issued in this case as these cases relate to grant of Kramonnati.

A coordinate Bench of this Court in the case of Ram Prasad Mishra (supra), has passed the following orders:

â€œLearned counsel for the petitioner at the outset submits that the controversy involved in the matter is finally decided by this Court in Writ Petition No. 6773/2006 (Prerna vs. State of MP), decided at Signature Not Verified SAN Indore Bench. Petitioner submits that he intends to prefer representation, which may be directed to be decided by the respondent No. 2 to 4, in the light of the Digitally signed by TULSA SINGH Date: 2023.05.12 10:27:00 IST

judgment in Prerna's case (supra), within a stipulated time.

The aforesaid innocuous relief prayed for is not opposed by learned Government Advocate appearing for the respondents.

Accordingly, without expressing any opinion on the merits and entitlement of the petitioner, this petition is disposed of with the following directions:

(1) The petitioner shall prefer a detailed representation along with the judgment in Prerna's case (supra) on which they want to place reliance and file it before respondent No. 2 to 4, within 10 days from the date of receipt of certified copy of the order.

(2) The said respondents shall consider and examine the applicability of such judgments in case of petitioner. In the event the authorities come to the conclusion that the petitioner is entitled for similar benefits and claims, the claims be paid to the petitioner within 60 days. The said respondents while deciding the representations shall pass a reasoned and speaking order.