Madhya Pradesh High Court
Himmat Singh Singad vs The State Of Madhya Pradesh on 22 February, 2024
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 22 nd OF FEBRUARY, 2024
WRIT PETITION No. 7324 of 2021
BETWEEN:-
HIMMAT SINGH SINGAD S/O LATE SHRI VAR SINGH
SINGAD, AGED ABOUT 61 YEARS, OCCUPATION: ASSTT.
TEACHER POSTED AT GOVT. MIDDLE SCHOOL, DOTAD,
TEH. RANAUR NEAR NAGAR PARISHAD OFFICE,
RANAPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI U. S. VERMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY VALLABH BHAWAN
BHOPAL (M.P.) (MADHYA PRADESH)
2. COMMISSIONER TRIBAL WELFARE
D EPARTM EN T SATPURA BHAWAN BHOPAL.
(MADHYA PRADESH)
3. THE COLLECTOR (BRANCH) TRIBAL WELFARE
DEPARTMENT JHABUA (MADHYA PRADESH)
4. THE DEPUTY COMMISSIONER TRIBAL WELFARE
DEPARTM ENT OPP. SCIENCE CLOLLEGE POST
G.P.O. A.B. ROAD. INDORE (MADHYA PRADESH)
5. THE ASSTT. COMMISSIONER TRIBAL WELFARE
DEPARTMENT JHABUA (MADHYA PRADESH)
6. THE BLOCK EDUCATION OFFICER (BEO) BLOCK
RANAPUR DIST. JHABUA (MADHYA PRADESH)
7. THR PRINCIPAL GOVT. HIGH SCHOOL TANDI.
TEH. RANAPUR DIST. JHABUA (MADHYA
PRADESH)
8. THE JOINT DIRECTOR ACCOUNTS, TREASURY
Signature Not Verified
Signed by: BAHAR CHAWLA
Signing time: 22-02-2024
17:45:44
2
AND PENSION MAHARAJA COMPLEX. KOTHARI
MARKET M.G. ROAD. INDORE (MADHYA
PRADESH)
9. THE DISTT. TREASURY OFFICER JHABUA
(MADHYA PRADESH)
.....RESPONDENTS
(BY MS. HARSHLATA SONI - P.L.)
This petition coming on for admission this day, th e court passed the
following:
ORDER
1. The petitioner is working as Assistant Teacher. He has sought a
direction to the respondents to consider the case of the petitioner to grant pay
scale of Assistant Teacher with all consequential benefits @ 6% per annum as
has been granted to the similarly situated Assistant Teachers, namely, Khuman
Singh Amliyar, Jam Sinsh Baveria, Par Singh Damor, Sunil Meda, Bapu Singh
Singad, Shankar Zenu, Ram Singh Amliyar, Gajrat Singh Mandloi, Ram Singh
Vasunia, Som Singh Ninama, Keshar Singh Dawar, Ram Singh Dawar, Ram
Singh Amliyar and others in the light of the judgment passed in the case of State
of M.P. & Ors. vs. Mikal Vasunia & Anr. (Civil Appeal No. 615/2009) .
The petitioner has also prayed for revised pay scale with 6% interest in the light
of the judgment passed in the case of Mikal Vasunia (supra). He has also
relied on the order passed in the case of State of Andhra Pradesh & Anr. vs.
Dinavahi Lakshmi Kameshwari [SLP (C) No. 12553/2020]. The
respondents are disputing the claim of the petitioner, however, the fact remains
that the claim of the petitioner has not been decided by the respondents.
2 . After hearing learned counsel for the parties, I deem it expedient to
dispose of the present petition with liberty to the petitioner to submit a detailed
and comprehensive representation along with the order of the Supreme Court in
the case of Mikal Vasunia (supra) and also Dinavahi Lakshmi Kameshwari
(supra). The petitioner shall also file copy of the orders granting benefits to
similarly situated employees. The petitioner is granted one month time to submit
representation before the respondent No. 2 - The Commissioner, Department of
Tribal Welfare, Satpura Bhawan, Bhopal. In turn, the said respondent shall
decide the representation of the petitioner in accordance with the law within a
period of two months from the date of receipt of the representation by passing
a reasoned and speaking order. If the petitioner is found to be entitled, the
benefit shall be granted to him along with the arrears and interest and in case if
the respondent No. 2 is of the view that the petitioner is not entitled for the
claim, he shall pass a reasoned and speaking order.
3. With the aforesaid, the petition is disposed of.
(SUBODH ABHYANKAR)
JUDGE
Bahar
