Citation : 2025 Latest Caselaw 2583 MP
Judgement Date : 9 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:590
1 WP-30682-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 9 th OF JANUARY, 2025
WRIT PETITION No. 30682 of 2024
DR. RAJENDRA KUMAR BAGHEL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Akash Sharma - Advocate for the petitioners.
Shri Kratik Mandloi - P.L for the respondent/State.
ORDER
Counsel for the petitioners submits that the present petition may also be disposed off in the light of the Court order dated 6/1/2025 passed in W.P No.40586/2025(Dr.D.K Bagga and Ors. vs. The State of M.P and Ors).
The present petition is filed against the illegal and arbitrary action of the respondent, whereby, the petitioners have been deprived of granting the benefit of second time scale w.e.f 01.04.2006.
It is submitted that the petitioners are entitled for second time scale of
pay w.e.f 26.04.2012 and 18.06.2007 respectively as they have completed 16 years of their service.
Learned counsel for the petitioner submits that the issue involved in the present case has already been decided by the co-ordinate bench at Jabalpur in WP No.26456/2019 (Dr.Shesh Mani Patel Vs. State of MP and Ors.) decided on 23.09.2024.
NEUTRAL CITATION NO. 2025:MPHC-IND:590
2 WP-30682-2024 In this petition, the petitioner has challenged the impugned order dated 19.05.2023 passed by Higher Education Department rejecting the representation of the petitioner.
Learned counsel for the respondent/State submits that the petitioner is relying on the judgment which was passed subsequent to the impugned order and therefore, there is no error in the impugned order.
After hearing learned counsel for the parties, I deem it expedient to dispose off the present petition with liberty to the petitioners to file a fresh detailed and comprehensive representation before the respondent no.1 alongwith the copy of the order passed in the case of Dr.Shesh (supra) within the period of 7 days from today and if such representation is submitted
within the said period before the said authority, he shall consider and decide the same in the light of the judgment passed in the case of Dr.Shesh (supra) without being influenced by the impugned order dated 19.05.2023 and the aforesaid exercise shall be completed within the period of two months from the date of filing of a fresh representation.
(VIJAY KUMAR SHUKLA) JUDGE
PK
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