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Inder Singh Parmar vs The State Of Madhya Pradesh
2025 Latest Caselaw 8933 MP

Citation : 2025 Latest Caselaw 8933 MP
Judgement Date : 8 September, 2025

Madhya Pradesh High Court

Inder Singh Parmar vs The State Of Madhya Pradesh on 8 September, 2025

Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
          NEUTRAL CITATION NO. 2025:MPHC-IND:25399




                                                               1                           WP-22746-2022
                                IN    THE      HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          BEFORE
                                         HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 8 th OF SEPTEMBER, 2025
                                                 WRIT PETITION No. 22746 of 2022
                                                    INDER SINGH PARMAR
                                                            Versus
                                         THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                Shri L.C. Patne - Advocate for the petitioner.
                                Shri Sudarshan Joshi - GA for State.
                                                                   WITH
                                                 WRIT PETITION No. 19275 of 2024
                                                  DR. LAL SINGH CHONGAD
                                                            Versus
                                         THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                 Shri L.C. Patne - Advocate for the petitioner.
                                 Shri Sudarshan Joshi - GA for State.

                                                 WRIT PETITION No. 19282 of 2024
                                                 DR. (MRS.) KAVITA THAKUR
                                                            Versus
                                         THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                 Shri L.C. Patne - Advocate for the petitioner.
                                 Shri Sudarshan Joshi - GA for State.

                                                                ORDER

Regard being had to the similitude of the facts and issues involved in the

NEUTRAL CITATION NO. 2025:MPHC-IND:25399

2 WP-22746-2022 present case, the same are being disposed of by the common order.

For the sake of convenience, facts are noted from WP No.19275/2024. In the instant petitions filed under Article 226 of the Constitution of India, the petitioner is challenging the impugned order dated 11.8.2023 issued by the respondent No.3 directing withdrawal of the pay fixation order issued in favour of the petitioner sanctioning him annual increments after completion of one year of service upon his confirmation on the post of Assistant Professor on the ground that the same is not being approved by respondent No.4 whereas the petitioner has been conferred the benefit of actual increments after completion of one year of service. Thus, the petitioner is aggrieved on the part of the respondents' in not sanctioning the petitioner the benefit of senior scale of Rs.10,000-15200.

The respondents have filed the reply and denied the claim of the petitioner.

He argued that the State government vide order dated 29.4.2017 has revoked the probation period of the petitioner and has passed order Annexure R/1 terminating the period of the petitioner and sanctioned the required pay scale to the petitioner, and also pay fixation was done with the approval of the treasury and accounts. He argued that the treasury has taken the objection to the probation period of the petitioner. Accordingly, the competent authority has passed the order dated 2/3-1- 2024 Annexure R/3.

After hearing learned counsel for parties, this Court finds that the issue involved in the present case is squarely covered by the judgment passed by the full bench in the case of Arun Parmar Vs. State of MP & Ors. 2021(2) MPLJ 500, G.P. Doval & Ors. Vs. Chief Secretary, GBovt. of UP & Ors (1984) 4 SCC 329, L. Chandrakishore Vs. State of Manipur & Ors. (1999) 8 SCC 287 and also the judgment passed in the case of S. Somnyan & Ors. Vs. Limi Niri & Ors (2010) 6 SCC 791 .

NEUTRAL CITATION NO. 2025:MPHC-IND:25399

3 WP-22746-2022 In light of the aforesaid judgments, the facts of the present case are examined, and it is noted that the petitioner cannot be denied the benefit on the said ground. Subsequently, the probation period of the petitioner has been terminated, thereby meaning all his services have been found to be suitable. Thus, the probation period has to be counted.

Accordingly, the petition is allowed. The impugned order dated 11.8.2023 is quashed. Respondents are directed to grant the petitioner annual increment, Senior Grade Pay Scale 3000-5000/- (revised to Rs.10,000-15,200/- w.e.f. 1.1.1996), Selection Grade Pay Scale of Rs.3700-5700/- (revised to Rs. 12,000- 18,300/ w.e.f. 1.1.1996) and the benefit of Pay Band IV ie. placement in the pay scale of Rs.37,400-67,000/- + AGP 9,000/-, By counting his services from the date of his initial appointment i.e. w.e.f. 5.7.2005 and to refix the pay of the petitioner and to release arrears thereof along with interest @ ~12% p.a and to refix the pay of the petitioner and to release the arrears along with 6% interest from the date it became due. All the aforesaid exercises shall be carried out within 90 days from the date of filing of copy of the order passed today.

(VIJAY KUMAR SHUKLA) JUDGE

VM

 
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