Komal Singh Rathore vs The State Of Madhya Pradesh
2024 Latest Caselaw 5301 MP

Madhya Pradesh High Court

Komal Singh Rathore vs The State Of Madhya Pradesh on 21 February, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                              1
                            IN      THE      HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                   BEFORE
                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                      &
                                 HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
                                               ON THE 21 st OF FEBRUARY, 2024
                                                 WRIT APPEAL No. 2086 of 2023

                           BETWEEN:-
                           KOMAL SINGH RATHORE S/O SHRI RAM CHANDRA
                           SINGH, AGED ABOUT 51 YEARS, OCCUPATION: ASST.
                           GRADE III DISTT. SUPPLY OFFICER RATLAM (MADHYA
                           PRADESH)

                                                                                         .....APPELLANT
                           (BY SHRI KHEN CHAND RAIKWAR - ADVOCATE)

                           AND
                           1.      THE STATE OF MADHYA PRADESH PRINCIPAL
                                   SECRETARY FOOD AND     CIVIL SUPPLIES
                                   DEPARTMENT VALLABH BHAWAN BHOPAL
                                   (MADHYA PRADESH)

                           2.      DISTRICT SUPPLY OFFICER RATLAM (MADHYA
                                   PRADESH)

                                                                                       .....RESPONDENTS


                                   This appeal coming on for admission this day, Justice Sushrut Arvind
                           Dharmadhikari passed the following:
                                                               ORDER

Heard on the question of admission.

02. The present writ appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed being aggrieved by the order dated 18.10.2023 passed in W.P.No.9415/2021 whereby the claim of the appellant/writ petitioner for grant

of annual regular increment has been rejected.

03. Learned counsel for the appellant submitted that the similar issue was decided by the learned Single Judge of this Court in W.P.No.17864/2019 (Mahesh Giri Vs. State of M.P. & Others) and other connected writ petitions wherein these writ petitions have been allowed granting the benefit of annual regular increments.

04. The appellant has filed I.A.No.471/2024 for taking document on record which is a Circular dated 01.04.2003 (Annexure-A/7) which grants exemption to those persons who have already crossed 45 years of age for the purpose of grant of annual regular increments. The judgment as well as this

circular was not brought before the learned Single Judge, therefore, this matter may be remanded back to the learned Single Judge to hear the writ petition afresh after taking into consideration, the Circular dated 01.04.2003 as well as the order passed in Mahesh Giri (supra).

05. On perusal of the order impugned it is seen that the judgment as well as the Circular has not been considered since the appellant has not filed the same before the learned Single.

06. Accordingly, the order impugned dated 18.10.2023 passed in W.P.No.9415/2021 is hereby set aside. The matter is remanded back to the learned Single Judge to decide the writ petition afresh in accordance with law as expeditiously as possible.

07. With the aforesaid, this writ appeal stands disposed of.

                                (S. A. DHARMADHIKARI)                           (DEVNARAYAN MISHRA)
                                         JUDGE                                         JUDGE
                           VS