Gokul Singh Damor vs The State Of Madhya Pradesh
2023 Latest Caselaw 17625 MP

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                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                   BEFORE
                                   HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                           ON THE 20 th OF OCTOBER, 2023
                                           WRIT PETITION No. 7450 of 2021

                           BETWEEN:-
                           GOKUL SINGH DAMOR S/O LATE SHRI NATHIYA
                           DAMOR, AGED ABOUT 57 YEARS, OCCUPATION:
                           TEACHER VILL. GAWSAR, TEH. RANAPUR (MADHYA
                           PRADESH)

                                                                            .....PETITIONER
                           (BY SHRI U. S. VERMA, LEARNED COUNSEL)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY DEPARTMENT OF
                                 FINANCE, MANTRALAYA VALLABH BHAWAN
                                 (MADHYA PRADESH)

                           2.    COMMISSIONER        TRIBAL    WELFARE
                                 D EPARTM EN T SATPURA BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           3.    COLLECTOR     (BRANCH) TRIBAL WELFARE
                                 DEPARTMENT JHABUA (MADHYA PRADESH)

                           4.    DEPUTY COMMISSIONER TRIBAL WELFARE
                                 DEPARTM ENT OPP. GOVT. SCIENCE COLLEGE
                                 POST G.P.O. A.B. ROAD INDORE (MADHYA
                                 PRADESH)

                           5.    ASSTT.  COMMISSIONER TRIBAL WELFARE
                                 DEPARTMENT JHABUA (MADHYA PRADESH)

                           6.    BLOCK EDUCATION OFFICER BLOCK RANAPUR
                                 DIST. JHABUA (MADHYA PRADESH)

                           7.    PRINCIPAL GOVT. HIGH SCHOOL TANDI TEH
                                 RANAPUR DIST JHABUA (MADHYA PRADESH)

                           8.    JOINT DIRECTOR ACCOUNTS, TREASURY AND
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 20-10-2023
16:26:36
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                                 P E N S I O N MAHARAJA COMPLEX              KOTHARI
                                 MARKET M.G. ROAD INDORE                     (MADHYA
                                 PRADESH)

                           9.    DISTRICT    TREASURY               OFFICER JHABUA
                                 (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                           (MS. BHARTI LAKKAD, LEARNED GA FOR THE RESPONDENTS/STATE)

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

The petitioner is working as Assistant Teacher. He has sought a direction to the respondents to consider the case of the petitioner to grant pay scale of

Assistant Teacher with all consequential benefits @ 6% per annum as has been granted to the similarly situated Assistant Teachers namely, Khuman Singh Amliyar, Jam Sinsh Baveria, Par Singh Damor, Sunil Meda, Bapu Singh Singad, Shankar Zenu, Ram Singh Amliyar, Gajrat Singh Mandloi, Ram Singh Vasunia, Som Singh Ninama, Keshar Singh Dawar, Ram Singh Dawar, Ram Singh Amliyar and others in the light of the judgment passed in the case of State of M.P. & Ors. vs. Mikal Vasunia & Anr. (Civil Appeal No. 615/2009) . The petitioner has also prayed for revised pay scale with 6% interest in the light of the judgment passed in the case of Mikal Vasunia (supra). He has also relied on the order passed in the case of State of Andhra Pradesh & Anr. vs. Dinavahi Lakshmi Kameshwari [SLP (C) No. 12553/2020]. The respondents are disputing the claim of the petitioner, however, the fact remains that the claim of the petitioner has not been decided by the respondents.

2 . After hearing learned counsel for the parties, I deem it expedient to dispose off the present petition with liberty to the petitioner to submit a detailed and comprehensive representation along with the order of the Supreme Court in Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 20-10-2023 16:26:36

the case of Mikal Vasunia (supra) and also Dinavahi Lakshmi Kameshwari (supra). The petitioner shall also file copy of the orders granting benefits to similarly situated employees. The petitioner is granted one month time to submit representation before the respondent No. 2 - The Commissioner, Department of Tribal Welfare, Satpura Bhawan, Bhopal. In turn, the said respondent shall decide the representation of the petitioner in accordance with the law within a period of two months from the date of receipt of the representation by passing a reasoned and speaking order. If the petitioner is found to be entitled, the benefit shall be granted to him along with the arrears and interest and in case if the respondent No. 2 is of the view that the petitioner is not entitled for the claim, he shall pass a reasoned and speaking order.

3. With the aforesaid, the petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 20-10-2023 16:26:36