Kaushal Kishore Dixit vs The State Of Madhya Pradesh
2023 Latest Caselaw 14908 MP

                                    1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                             BEFORE
               HON'BLE SHRI JUSTICE ANAND PATHAK
                   ON THE 11 th OF SEPTEMBER, 2023
                    WRIT PETITION No. 20115 of 2023

BETWEEN:-
KAUSHAL KISHORE DIXIT S/O SHRI PRAYAG NARAYAN
DIXIT, AGED ABOUT 42 YEARS, OCCUPATION:
SAHAYAK VARG-3 LIPKI GOVT QUARTER NO H-17 CIVIL
LINES DISTRICT DATIA (MADHYA PRADESH)

                                                                .....PETITIONER
(BY SHRI PRATIP VISOIYA- ADVOCATE)

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

2.    DISTRICT EDUCATION OFFICER DATIA (MADHYA
      PRADESH)

3.    PRINCIPAL DISTRICT INSTITUTE OF EDUCATION
      AND    TRAINING     DATIA DATIA (MADHYA
      PRADESH)

                                                             .....RESPONDENTS
(BY SHRI RAVINDRA DIXIT - GOVERNMENT ADVOCATE)

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

The instant petition is preferred by the petitioner under Article 226 of the Constitution seeking following reliefs:-

1. That, Respondent may kindly be directed to extend the benefit of increment after one year from the date of initial appointment after one year from the date of initial

appointment.

2. That, any other relief including the cost of petition may kindly be given.

2. It is the submission of counsel for the petitioner that he was appointed as Assistant Grade-III vide order dated 08.04.2005 and he is seeking increment after completion of one year from the date of initial appointment. He relied upon the judgment in the case of Harikishan Prajapati Vs. State of M.P. and Ors. (W.P.No.5740/2009(S) passed o n 08.12.2009 by coordinate Bench of this Court relying upon the judgment earlier passed by this Court in the case of Vijay Sharan Singh Vs. State of M.P. and Ors. (W.P.(S)2717/2004) . Although thereafter, full Bench of this Court in the case of of Manoj Kumar

Purohit vs. State of M.P. 2016 (1) MPLJ 449 considered the matter at leanght and did not find the persons like petitioner entitled for the benefit of increment after one year from the date of initial appointment. Only predicament of petitioner in the present case is that he passed his typing examination on 23.05.2011 and given benefit in the year 2012 therefore, his anxiety is that his case be considered from the date when he passed Hindi Typing Examination.

3. Learned counsel for the respondent fairly submits that if any representation is preferred and the case of petitioner stands at par vis-a-vis other beneficiary then same shall be considered as per law.

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

5. Considering the submission and the judgments so relied, this petition is disposed of with direction to the petitioner to prefer a representation elaborating all the factual/legal details as per law at the earliest before the concerned authority and if his representation is preferred then same shall be decided by the

competent authority within three months from the date of submission of representation.

6. Petition is disposed of accordingly.

(ANAND PATHAK) JUDGE Ashish*

ASHISH CHAURASIA 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 Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4de08c6bb9303e52e2e 7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2790FA9A0FD201D0242B64, serialNumber=A926F3CBF979ECA6A4C477577EEDBA3AB4F94593A9 30B98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2023.09.12 18:49:24 -07'00'