Dr. Shriniwash Mishra vs State Of Madhya Pradesh
2024 Latest Caselaw 4978 MP

Madhya Pradesh High Court

Dr. Shriniwash Mishra vs State Of Madhya Pradesh on 20 February, 2024

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

                                                                 1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                              ON THE 20 th OF FEBRUARY, 2024
                                              WRIT PETITION No. 27654 of 2019

                          BETWEEN:-
                          DR. SHRINIWASH MISHRA S/O SHRI SURYA NARAYAN
                          MISHRA, AGED-64 YEARS, OCCUPATION: SERVICE R/O
                          MADHOGANJ, CHITERAOLI LASHKAR GWALIOR
                          (MADHYA PRADESH)

                                                                                      .....PETITIONER
                          (BY SHRI S.K. SHARMA- ADVOCATE )

                          AND
                          1.    STATE OF MADHYA PRADESH SECRETARY
                                DEPARTMENT OF AYUSH VALLABH BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          2.    DIRECTOR INDIAN SYSTEM OF MEDICINE AND
                                HOMEOPATHY BHOPAL (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SMT. PADMASHRI AGARWAL- PANEL LAWYER )

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

                          following:
                                                                 ORDER

The present petition under Article 226 of the Constitution of India has preferred seeking following reliefs:

i) That, impugned order dated 07.03.2019 (annexure P/1) may kindly be quashed declaring the whole action of the respondent illegal.

ii) That, respondents may kindly be directed to extend the same benefit of back-wages as given to the other similar employees to the petitioner

within interest.

iii) That, any other relief which this Hon'ble High Court may deem fit, with cost of the petition.

Learned counsel for the petitioner submits that petitioner's case is squarely covered by the order rendered in W.P. No.1458/2007(S) [Dr. Jujhar Singh & Another Vs. State of M.P. & Another], wherein vide order dated 25.02.2011, this Court was pleased to direct the respondents to decide the claims of the petitioner keeping in view the judgment rendered by this Court in the case of Maniram Nagotiya Vs. State of M.P. & Others in W.P.(s) No.2449/2003, wherein the period from the date of promotion till assuming

charge on the promoted post by the petitioners would be treated as period spent as working on the promoted post and would be entitled for the entire salary and the action of Respondents in treating the period as "No Work No Wages" was quashed.

Learned counsel for the petitioner submits that after judgment in W.P. No.1458/2007(S), those persons have been granted financial benefit vide order dated 22.05.2014, issued by Government of M.P., Ayush Department. He further submits that since petitioner's case is similar, he is also entitled to the same benefits. Thus, it was prayed that the Annexure P/1 dated 07.03.2019 deserves to be quashed and in the light of the annexure P/3 dated 25.02.2011 and annexure P/5 dated 25.03.2010 the petitioner is entitled for grant of back- wages.

In view of the contentions as made by the counsel for the petitioner, this Court deems it fit to quash the Annexure P/1 dated 07.03.2019 and in light of the annexure P/3 dated 25.02.2011 and annexure P/5 dated 25.03.2010, directs

the respondents to grant the petitioner back-wages within a period of 8 weeks from the date of receipt of certified copy of this order.

With the aforesaid direction, the petition stands disposed of. CC as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE Chandni