Israil Shaikh vs The State Of Madhya Pradesh
2024 Latest Caselaw 5519 MP

Madhya Pradesh High Court

Israil Shaikh vs The State Of Madhya Pradesh on 22 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 22 nd OF FEBRUARY, 2024
                                       WRIT PETITION No. 3299 of 2024

               BETWEEN:-
               ISRAIL SHAIKH S/O YASIN SHAIKH, AGED ABOUT 59
               YE A R S , OCCUPATION: SERVICE 209, KARMCHARI
               COLONY DEWAS (MADHYA PRADESH)

                                                                                    .....PETITIONER
               (BY SHRI SHREY CHANDAK - ADVOCATE)

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

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

               3.         EXECUTIVE  ENGINEER    PUBLIC HEALTH
                          ENGINEERING DEPARTMENT DEWAS DIVISION
                          DEWAS (MADHYA PRADESH)

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

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

1 . By this petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :-

MAHADEV SUKHDEVE "A. Petition may kindly be allowed by issuing appropriate writ

order or direction by directing respondents to grant benefit of minimum

of regular pay scale from the date of classification as permanent employee ie., 11.8.2003 till 14.6.2013 to the petitioner.

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

2. At the outset, learned counsel for the petitioner submits that in respect of the reliefs as claimed by the petitioner in this petition he has already made a representation on 12/1/2024 (Annexure P/6) to the respondents but the same has remained pending and has not been decided till now. Prayer has been made for a direction for the said representation to be decided expeditiously.

3. Learned counsel for the respondents/State has submitted that the representation of the petitioner shall be decided in accordance with law.

4. Thus in view of the aforesaid, I deem it fit and proper hence direct the Engineer-In-Chief (PHE) Banganga, Jal Sansadhan Bhawan, Bhopal, the respondent No.2 to advert to and decide petitioner's pending representation dated 12/1/2024 (Annexure P/6) within a period of 3 months from the date of receipt of the certified copy of this order by passing a speaking order and also by taking into consideration the fact of acquittal of the petitioner in the criminal case instituted against him by judgment dated 14/9/2023 passed in RCT No.3804417/2017 by the Judicial Magistrate First Class, District Indore.

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

C.c. as per rules.

Signing time: 2/22/2024                                                          (PRANAY VERMA)

                                                                                     JUDGE

               SS/-