Madhya Pradesh High Court

Saraj vs The State Of Madhya Pradesh on 7 May, 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 7 th OF MAY, 2024
                                             WRIT PETITION No. 10231 of 2024

                           BETWEEN:-
                           1.    SARAJ S/O SHRI MUNSAF ALI SAYYED, AGED
                                 ABOUT    62  YEARS, OCCUPATION: RETIRED
                                 EMPLOYEE 72, MOLANA AZAD MARG JHABUA
                                 (MADHYA PRADESH)

                           2.    TULSIRAM S/O SHRI SUKHRAM VERMA, AGED
                                 ABOUT   64   YEARS, OCCUPATION: RETIRED
                                 EMPLOYEE 57, OLD GAYATRI NAGAR, INDORE
                                 (MADHYA PRADESH)

                           3.    BHARAT SINGH S/O SHRI KALU SINGH, AGED
                                 ABOUT   66  YEARS, OCCUPATION: RETIRED
                                 EMPLOYEE 2 BEHIND COLLECTOR, HATHI
                                 THAAN DHAR (MADHYA PRADESH)

                                                                                        .....PETITIONERS
                           (BY SHRI DEVDEEP SINGH, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY WATER RESOURCE
                                 DEPARTMENT BHOPAL (MADHYA PRADESH)

                           2.    EXECUTIVE OFFICER / CHIEF ENGINEER
                                 DEPARTMENT OF WATER RESOURCE BHOPAL
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. BHARTI LAKKAD, G.A.)

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

This writ petition under Article 226 of the Constitution of India has been

filed by the petitioners seeking the following reliefs:-

"A. It is therefore prayed that this Hon'ble Court may kindly be pleased to direct to the respondent department to grant benefit of Kramonnati with all the monetary and consequential benefits of all the three time pay-scales forthwith.

B. It is therefore prayed that this Hon'ble Court may kindly be pleased to direct to the respondent department to pay the Cashing Leave, Earn Leave in favour of the petitioners in the stipulated period, in the interest of justice.

C. Hon'ble Court may kindly be pleased to direct to the respondent department to decide the representation."

The grievance of the petitioners is that they are not being provided the benefit of third time pay scale and leave encashment and the representation in this regard have also been filed by them, however, the same have still not bee

decided. Counsel has also relied upon some other judgments of this Hon'ble Court to submit that their case is already covered by the aforesaid decisions.

Counsel for the respondents/State has submitted that if the petitioners file fresh representation, then the same will be considered and decided in accordance with law within a time bound period.

Hence, without commenting upon the merits of the matter, the writ petition is disposed of with a direction to the petitioners to file a fresh representation along with all relevant documents before the respondents No.2/competent authority within a period of three weeks which shall be decide by the respondents No.2/competent authority in accordance with law by a reasoned and speaking order within a further period of four weeks. C.c. as per rules.

(SUBODH ABHYANKAR) JUDGE krjoshi