Bherulal vs The State Of Madhya Pradesh Public ...
2024 Latest Caselaw 3332 MP

Madhya Pradesh High Court

Bherulal vs The State Of Madhya Pradesh Public ... on 5 February, 2024

Author: Pranay Verma

Bench: Pranay Verma

                                                               1
                            IN    THE        HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE PRANAY VERMA
                                               ON THE 5 th OF FEBRUARY, 2024
                                              WRIT PETITION No. 16931 of 2023

                           BETWEEN:-
                           BHERULAL S/O KANHAIYALAL DANGAR, AGED ABOUT
                           64 YEARS, OCCUPATION: HELPER R/O; 16/2 KASHIRAM
                           COLONY DISTRICT RATLAM (MADHYA PRADESH)

                                                                                             .....PETITIONER
                           (BY SHRI YASH AGRAWAL - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PUBLIC
                                 HEALTH ENGINEERING DEPARTMENT (PHE)
                                 THROUGH SECRETARY VALLABH BHAWAN
                                 DISTRICT BHOPAL (MADHYA PRADESH)

                           2.    ENGINEER   IN  CHIEF  PUBLIC  HEALTH
                                 ENGINEERING DEPARTMENT BANGANGA JAL
                                 SANSADHAN, BHAWAN TULSI NAGAR BHOPAL
                                 (MADHYA PRADESH)

                           3.    CHIEF ENGINEER PUBLIC HEALTH ENGINEER
                                 D E PA R T M E N T INDORE REGION INDORE
                                 (MADHYA PRADESH)

                           4.    EXECUTIVE   ENGINEER   PUBLIC  HEALTH
                                 ENGINEERING    DEPARTMENT JAORA DIST.
                                 RATLAM (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                           (BY SHRI BHUWAN DESHMUKH - GOVERNMENT ADVOCATE)

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

By this petition, the petitioner has prayed for the following reliefs:-

"(A) Petition may kindly be allowed by issuing appropriate writ order or direction by commanding the respondents to grant benefits of Kramonnati and 3rd time pay scale scheme under circulars from 01.04.2008 till retirement alongwith arrears and consequential benefits.

(B) Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may be awarded alongwith the cost of the petition."

02. Learned counsel for the petitioner submits that the issue as raised by the petitioner in this petition has already been decided by the Division Bench of this Court in W.A. No.867/2020 (State of M.P. and Others Vs. Phoolsingh and Others) vide judgment dated 18.09.2020. It is further submitted that the petitioner has already made an application on 15.06.2023 (Annexure P/4) before

the respondents which has not been decided till now and the same may be directed to be considered in the light of the aforesaid judgment.

03. Learned counsel for the respondents has submitted that the case of the petitioner shall be decided in accordance with law.

04. Thus, in view of the aforesaid, I deem it fit and proper hence directed that the application / representation dated 15.06.2023 (Annexure P/4) shall be decided by respondents 2 and 3 within a period of three months from the date of receipt of certified copy of this order. Respondents 2 and 3 while deciding the said representation shall take into account the judgment of this Court passed i n W.A. No.867/2020 (State of M.P. and Others Vs. Phoolsingh and Others) decided on 18.09.2020 and the applicable policies in that regard and any other order which may be brought to their notice by the petitioner alongwith furnishing certified copy of this order.

05. With the aforesaid, without expressing any opinion on merits, petition stands disposed off.

(PRANAY VERMA) JUDGE Shilpa