Amrit Lal Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 16272 MP

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 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                           BEFORE
             HON'BLE SHRI JUSTICE ANAND PATHAK
                   ON THE 4 th OF OCTOBER, 2023
                  WRIT PETITION No. 25211 of 2023

BETWEEN:-
AMRIT LAL JATAV S/O LATE SHRI DAYARAM JATAV,
AGED     ABOUT       65    YEARS, OCCUPATION:
SUPERANNUATED EMPLOYEE, R/O HARSI TEHSIL
BHITARWAR DISTRICT GWALIOR (MADHYA PRADESH)

                                                           .....PETITIONER
(BY SHRI SOMNATH SETH - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH PRINCIPAL
      SECRETARY, WATER RESOURCES DEPARTMENT,
      MANATRALAYA VALLABH BHAWAN, BHOPAL
      (MADHYA PRADESH)

2.    THE ENGINEER IN CHIEF WATER RESOURCE
      DEPARTMENT JAL SANSADHAN BHAWAN TULSI
      NAGAR, BHOPAL (MADHYA PRADESH)

3.    THE CHIEF ENGINEER YAMUNA BASIN, WRD
      THATIPUR  MORAR,   GWALIOR  (MADHYA
      PRADESH)

4.    THE EXECUTIVE ENGINEER HARSI WATER
      RESOURCES   DEPARTMENT DIVISION DABRA,
      GWALIOR (MADHYA PRADESH)

5.    SUB DIVISIONAL OFFICER WRD SUB DIVISION
      DABRA,      GWALIOR GWALIOR   (MADHYA
      PRADESH)

                                                        .....RESPONDENTS
(BY SHRI M.S.JADON - GOVERNMENT ADVOCATE)

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

Instant petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following relief:

1. That, the impugned action and order Annexure P/1 may kindly be set-aside/quashed.

2. A direction may kindly be given to the respondents to pay the minimum pay scale of the classified post as per the graded pay scale from the date of classification as held by Hon'ble Supreme Court in the case of Ram Naresh Rawat.

3. Cost may also be ordered;

4. Any other relief which this Hon'ble Court may kindly be deem fit may kindly be granted.

2. At the outset, learned counsel for the petitioner placed the judgment dated 26.08.2021 (bunch of petitions in which W.P. No.4018/2020(s) Kamta Prasad Vs. State of M.P. and others, is the leading case) and submitted that issue in question is squarely answered by the said judgment and in pursuance thereof, certain more orders have been passed. He relied upon the orders dated 03.01.2022 passed in W.P. No.28015/2021 and 27.01.2022 passed in W.P. No.16505/2017 by the Principal Seat, Jabalpur and seeks parity.

3. Learned Government Advocate for the respondents/State fairly submitted that issue involves in identical vis-a-vis cases referred above.

4. Heard the counsel for the parties and perused the documents appended thereto.

5. In view of the aforesaid, this petition is finally disposed of in terms of the order dated 26.08.2021 passed in W.P. No.4018/2020. Directions as contained therein, shall be made applicable mutatis mutandis to the facts and circumstances of the present case. Parties to act accordingly.

6. It is made clear that if the writ appeal preferred against the order dated 26.08.2021, passed in W.P. No.4018/2020 which is pending consideration, is ultimately allowed and imposition of cost if is waived of, then respondents shall not have to pay cost of Rs.10,000/- to the petitioner, else State shall have to pay in case of dismissal of writ appeal.

7. Petition stands allowed and disposed of in above terms.

(ANAND PATHAK) JUDGE Ashish* ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya

CHAUR Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c 3d4de08c6bb9303e52e2e7e728d9bac85bd 3, pseudonym=CA2EA6EDDF504F8F9C2790F A9A0FD201D0242B64,

ASIA serialNumber=A926F3CBF979ECA6A4C477 577EEDBA3AB4F94593A930B98DAE1B0AD 16F90B5FD, cn=ASHISH CHAURASIA Date: 2023.10.04 19:16:47 -07'00'