The State Of Madhya Pradesh vs Dr. Brijesh Kumar Sharma
2024 Latest Caselaw 20774 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Dr. Brijesh Kumar Sharma on 1 August, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                            1                               WA-1704-2024
                              IN   THE     HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                       BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                          &
                                     HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                                 ON THE 1 st OF AUGUST, 2024
                                                WRIT APPEAL No. 1704 of 2024
                                     THE STATE OF MADHYA PRADESH AND OTHERS
                                                        Versus
                                             DR. BRIJESH KUMAR SHARMA
                         Appearance:
                               Shri Vivek Khedkar, Additional Advocate General for the appellants/State.
                               Shri Ramvir Singh Chauhan, learned counsel for the respondent.

                                                              ORDER

Per: Justice Vivek Rusia The appellants/State have filed this Writ Appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 challenging the order dated 02.02.2024 passed in W.P. No.22017/2019.

2. Petitioner (respondent in this appeal) had filed the writ petition challenging the order dated 30.09.2015, whereby he has been denied the higher pay scale and Fourth Pay Band from the due date on account of adverse CR. Petitioner

challenged the impugned order interalia on the ground that if the ACRs were adverse, they ought to have been communicated to him, therefore, same cannot be considered for denying the benefit from the due date.

3. Similarly placed persons approached this Court by way of various writ petitions in which the Coordinate Bench of this Court by placing reliance on the judgment passed by the Apex Court in the case of Dev Dutt Vs. Union of India &

2 WA-1704-2024 Ors, (2008) 8 SCC 725 allowed W.P. No.4305/2018 and other connected petitions vide order dated 07.12.2018. The State Government preferred a Writ Appeal No.310/2019 which was also dismissed.

4. In the present case, the Writ Court has found that the petitioner is having parity and accordingly disposed of the writ petition with an observation that the order dated 07.12.2018 passed in bunch of writ petitions in which Writ Petition no.4305/2018 was the lead case, shall apply mutatis mutandis in respect of service condition of petitioner.

5. The present writ appeal has been filed only on the ground that there is a delay of 4 years in approaching this Court by way of writ petition to challenge the impugned order dated 30.09.2015.

6. Admittedly, this is a recurring cause of action. Four years delay cannot be

said to be a huge delay, specially when there is no limitation prescribed for filing a writ petition.

7. We do no find any ground to interfere with the impugned order.

8. Accordingly, the appeal stands dismissed.

                                    (VIVEK RUSIA)                               (RAJENDRA KUMAR VANI)
                                        JUDGE                                           JUDGE


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