Shri Phoolsingh vs The State Of Madhya Pradesh
2025 Latest Caselaw 4683 MP

Madhya Pradesh High Court

Shri Phoolsingh vs The State Of Madhya Pradesh on 21 February, 2025

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2025:MPHC-IND:4734




                                                             1                               WP-13096-2023
                              IN      THE     HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 21st OF FEBRUARY, 2025
                                                WRIT PETITION No. 13096 of 2023
                                                   SHRI PHOOLSINGH
                                                         Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri Karpe Prakhar Mohan - advocate for the petitioner.

                                   Shri Mukesh Parwal - GA for State.

                                                                 ORDER

The petitioner is seeking a direction for the classification as a permanent employee and to grant benefits arising out of classification as permanent employee with effect from 13.8.2004 and the arrears of the difference of the pay scale.

Counsel for the petitioner relied on the judgment passed by the Apex Court in the case of Ramnaresh Rawat Vs. Ashwini Ray SCC 2016(8) 733 .

The respondents have filed the reply, though they have denied the

claim of the petitioner on the ground that the petitioner was not continuously working.

Counsel for the petitioner submits that the petitioner has raised a dispute before the Labour Court and the Labour Court had directed for reinstatement of his services, and, therefore, his period from 30.11.1999 to 3.7.2010 has to be considered on duty.

NEUTRAL CITATION NO. 2025:MPHC-IND:4734

2 WP-13096-2023 After hearing learned counsel for parties, without adverting to the merits of the case, this Court deems it expedient to dispose off the petition with liberty to the petitioner to file a detailed and comprehensive representation along with the copy of the award as well as circulars and order passed by this Court in the case of Khemraj Khandekar Vs. State of MP WP No.18583/2022 decided on 23.3.2023 before respondent No.3 within a period of 15 days from today and if such representation is submitted, the same shall be considered and decided by the said authority in accordance with law within a period of one month from the date of filing of the representation keeping in view the order passed by this Court in the matter of Khemraj Khandekar (supra). It is needless to state that the said authority

shall pass a reasoned and speaking order which shall be communicated to the petitioner.

(VIJAY KUMAR SHUKLA) JUDGE

VM