Komal Prasad Sharma vs The State Of Madhya Pradesh
2024 Latest Caselaw 3618 MP

Madhya Pradesh High Court

Komal Prasad Sharma vs The State Of Madhya Pradesh on 7 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 7 th OF FEBRUARY, 2024
                                             WRIT PETITION No. 3009 of 2024

                           BETWEEN:-
                           KOMAL PRASAD SHARMA S/O SHRI SHAMBHU DAYAL
                           SHARMA, AGED ABOUT 62 YEARS, OCCUPATION: RETD.
                           ASST. TEACHER GOVT. PRIMARY SCHOOL PARISAR
                           TEHSIL   KALAPIPAL     DISTT.  SHAJAPUR    R/O
                           KARMCHARI COLONY KALAPIPAL MANDI TEHSIL
                           KALAPIPAL DISTT. SHAJAPUR (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI KISHORI LAL PUROHIT - ADVOCATE)

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

                           2.    DISTRICT    EDUCATION    OFFICER SCHOOL
                                 EDUCATION       DEPARTMENT A.B.    ROAD,
                                 SHAJAPUR (MADHYA PRADESH)

                           3.    BLOCK EDUCATION OFFICER BLOCK KALAPIPAL
                                 DIST. SHAJAPUR (MADHYA PRADESH)

                           4.    JOINT DIRECTOR TREASURY AND ACCOUNTS
                                 UJJAIN   DIVISION BHARATPURI,  UJJAIN
                                 (MADHYA PRADESH)

                           5.    PRINCIPAL AND SANKUL INCHARGE GOVT.
                                 GIRLS H.S. SCHOOL KALAPIPAL, DIST. SHAJAPUR
                                 (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI KOUSTUBH PATHAK - GOVERNMENT ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
Signature Not Verified
Signed by: SHILPA
NAGDEVE
Signing time: 08-02-2024
17:44:10
                                                                2
                                                                ORDER

The petitioner has filed the present writ petition claiming the benefit of regular pay-scale from the date of initial appointment in the light of the earlier orders passed by this Court.

2. Learned counsel appearing for the petitioner submitted that the same issue has already been decided by order dated 24.08.1992 passed by the M.P. State Administrative Tribunal in O.A. No.2745/2009 (Madhukant Yadu V/s State of M.P.). The SLP No.6092/1993 preferred against this order was dismissed by the Supreme Court. He also submitted that similar writ petitions have already been disposed of by this Court by issuing directions in favour of

the writ petitioners.

3. Learned counsel for the petitioner has submitted that the concerned respondent be directed to decide the petitioner's claim within a time bound period.

4. Learned counsel for the respondent / State has no objection to the same.

5. In view of the aforesaid, the present writ petition is disposed of by giving liberty to the petitioner to file an appropriate representation to the concerned respondent raising the grievance in respect of the non grant of regular pay-scale / increments from the date of initial appointment. If such a representation is submitted by the petitioner, the concerned respondent will consider and decide it within a period of four weeks from the date of its receipt, keeping in view the judgment in the matter of Madhukant Yadu (supra) noted above and any other binding judgment on the point and if the petitioner is found to be entitled to the said benefit, the concerned respondent would extend such benefit to the petitioner without any delay. Any adverse order will be a reasoned

speaking order.

6. The writ petition is accordingly disposed off.

(PRANAY VERMA) JUDGE Shilpa