Madhya Pradesh High Court
Hukum Singh Raghuvanshi vs The State Of Madhya Pradesh on 27 January, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:1566
1 WP-710-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 27 th OF JANUARY, 2025
WRIT PETITION No. 710 of 2025
HUKUM SINGH RAGHUVANSHI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Somnath Seth - Advocate for the petitioners.
Shri K.S.Tomar - G.A. for the respondents/State.
ORDER
With consent of both the parties matter is heard finally.
2. The present petition has been preferred by petitioners under Article 226
of the Constitution seeking following reliefs:-
"I. A direction may kindly be given to the respondents to extend
the benefit of second time bound pay scale from the date of their
entitlement and to that effect pension and arrears may kindly be
directed to be revised;
II. Cost may also be ordered;
III. Any other relief which this Hon'ble Court may kindly be
deem fit may kindly be granted."
3. The brief facts of the case are that petitioners were initially engaged in
the respondent Department since 1977 and 1979 respectively. After completion of
probation period of two years, the petitioners were extended benefit of regular pay
scale from the date of their initial appointment. Thereafter, after completion of
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satisfactory service of 12 years, the benefit of first time pay scale was granted to
the petitioners. Further, after completion of 24 years of the satisfactory service,
petitioners were entitled for the second time bound pay scale in the year 2001 and
2003 respectively, but the same has been extended to the petitioners after the cut
of date fixed by the respondent i.e. 01.08.2003. The action of the respondent is
against the settled law. The issue involved in the present petition has been
finalized by this Hon'ble Court in the case of Prerna Koranne Vs. State of M.P. &
Others (W.P. No.6773/2006) . But, inaction on the part of the respondents is
arbitrary and illegal and the same is against the settled position of law.
4. It is submitted by the learned counsel for the petitioners that relying upon
decision rendered in Writ Petition No.6773/2006 (Prerna Koranne vs. State of
Madhya Pradesh) vide order dated 26.4.2007 directions were issued in W.P. No.
11238/2017 (Ram Prasad Mishra vs. The State of Madhya Pradesh) , which may
also be issued in this case as these cases relate to grant of Kramonnati, A Co-
ordinate Bench of this Court in the case of Ram Prasad Mishra (supra), has passed
the following orders:
5. Learned counsel for the petitioners at the outset submits that the
controversy involved in the matter is finally decided by this Court in Writ Petition
No.6773/2006 (Prerna Koranne vs. State of MP) , decided at Indore Bench vide
order dated 26.4.2007. Petitioner submits that he intends to prefer representation,
which may be directed to be decided by the respondents in the light of the
judgment in the case of Prerna (supra) , within a stipulated time.
6. The aforesaid innocuous relief prayed for is not opposed by learned
Government Advocate appearing for the respondents.
7. Accordingly, without expressing any opinion on the merits and
entitlement of the petitioner, this petition is disposed of with the following
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directions:
"(1) The petitioner shall prefer a detailed representation along
with the judgment in the case of Prerna Koranne (supra) on which he
wants to place reliance and file it before respondents, within 10 days
from the date of receipt of certified copy of the order.
(2) The said respondents shall consider and examine the
applicability of such judgments in case of petitioner. In the event the
authorities come to the conclusion that the petitioner is entitled for
similar benefits and claims, the claims be paid to the petitioner within
60 days. The said respondents while deciding the representations shall
pass a reasoned and speaking order.
With the aforesaid observation, the petition stands disposed of."
8. In view of the prayer made by the petitioners, the order passed in W.P.
No.11238/2017 shall apply mutatis mutandis to the present case also
9. With the aforesaid observation, this petition stands disposed of.
(ANIL VERMA)
JUDGE
(alok)
