Rakesh Singh Dangi vs The State Of Madhya Pradesh
2025 Latest Caselaw 5122 MP

Citation : 2025 Latest Caselaw 5122 MP
Judgement Date : 5 March, 2025

Madhya Pradesh High Court

Rakesh Singh Dangi vs The State Of Madhya Pradesh on 5 March, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

           NEUTRAL CITATION NO. 2025:MPHC-JBP:10385




                                                            1                               WP-7956-2025
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                 ON THE 5 th OF MARCH, 2025
                                               WRIT PETITION No. 7956 of 2025
                                         RAKESH SINGH DANGI AND OTHERS
                                                     Versus
                                    THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                                 Shri Pushpendra Kuamar Shah - Advocate for the petitioners.

                                 Shri    Prabhanshu     Shukla     -    Government      Advocate    for
                         respondents/State.

                                                                ORDER

This petition has been filed seeking the following reliefs:

"(i) A direction/order/writ in the nature of mandamus, may kindly be issued, to the respondents to decide the Representation of the petitioners dated 09/01/2025 (Annexure P/4) in the light of the Judgment of the Hon'ble Apex Court in case of Ram Naresh Rawat v.

Ahwini Ray 2017 3 SCC 436 as well as the Judgment dated 17/07/2019 of this Hon'ble Court in WP No.2510 of 2018 (Deepak Kumar Gangrade & Ors. Vs. State of M.P. & Ors.).

(ii) A direction/order/writ in the nature of mandamus, may kindly be issued, to the respondents to extend the benefit of 7th pay scale along with all consequential benefit to the petitioners as the petitioners have granted the benefit of the Scheme dated 07/10/2016 and they are working for 35 or more than 35 years while performing their work as that of regular employees.

(iii) To grant any other relief including the cost of litigation."

2. It is pointed out by counsel for petitioners that lis is squarely covered by the judgment passed in the case of Kishorilal Prajapati and others

NEUTRAL CITATION NO. 2025:MPHC-JBP:10385

2 WP-7956-2025

vs. State of M.P. and others in W.P. No.5332/2010 . The same was considered by the coordinate Bench of this Court in W.P. No.2510/2018 (Deepak Kumar Gangrade and others vs. State of M.P. and others) by order dated 17.07.2019 . He submits that case of petitioners is exactly identical to the case of petitioners in the aforesaid petition. Petitioners have preferred a detailed representation to the authorities which is pending consideration. The same may be directed to be disposed of taking note of the judgment passed in the case of Kishorilal Prajapati (supra).

3. Counsel appearing for the State has made an attempt to distinguish the case of petitioners from Kishorilal Prajapati (supra) by bringing the notice of this Court that amendment be carried out in the Revision of Pay

Rules 2017 by notification dated 20.07.2017 pointing out clause 2(B)(VIII) wherein there is specific rider for extension of said benefit of revision of pay to the employees, who have been extended the benefit of policy dated 07.10.2016 issued by the State Government.

4. However, the said rules were considered by the coordinate Bench of this Court while disposing of the writ petition. The aforesaid aspect could not be disputed by State counsel. He fairly submits that representation submitted by petitioners will be examined in the light of judgment passed in the case of Kishorilal Prajapati (supra) expeditiously.

5. Considering the aforesaid, this petition is disposed of directing respondent No.3 to consider and decide the pending representation of the petitioners taking note of the judgment passed by coordinate Bench of this Court in the case of Kishorilal Prajapati (supra). The said exercise be

NEUTRAL CITATION NO. 2025:MPHC-JBP:10385

3 WP-7956-2025 completed within 90 days from the date of receipt of certified copy of this order.

6. It is made clear that this Court has not expressed any opinion on merits of the case.

7. The petition stands disposed of.

(VISHAL MISHRA) JUDGE