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Madhya Pradesh High Court
Prabhulal Malviya vs The State Of Madhya Pradesh on 2 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:8733
1 WP-10095-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
ON THE 2 nd OF APRIL, 2026
WRIT PETITION No. 10095 of 2026
PRABHULAL MALVIYA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Sanjay Sharma - Advocate for the petitioner.
Shri Kushagra Singh - Deputy Government Advocate for the
respondents State..
ORDER
Heard with the consent of the parties.
2. The petitioners have filed the present writ petition under Article
226 of the Constitution of India praying for the following reliefs :-
"(i) To issue a writ in the nature of mandamus to direct
the | respondent No.3 and 4 to regularize the petitioners
as class 4» employee in-compliance of the order of
superior authorities and provide the petitioners pay
scale of regular employee of 4 class including all
benefits and benefit of |pay commission, increments,
pension, gratuity and other ' service benefits treating the
petitioners to be a regular employee working as regular
employee on class 4th post from the date of their initial
appointment.
ii) Any other relief or writ or direction or order which
this Hon'ble court may deem fit.and proper looking the
facts and circumstances of the case be awarded to the
petitioners including the cost of the litigation."
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3. Since an innocuous prayer has been made by the petitioners
stating therein that the petitioners have given the permanent status vide
Annexure-P-1 dated 01.01.2018 and they have worked on the said post from
2002 to 2005 and thereafter vide Annexure-P-2 there was a recommendation
for regularizing these petitioners on the post of Class-IV, but nothing has
been done.
4. Learned counsel for the petitioners has pointed out that the similar
identical matters claiming the same benefit has been dealt with by the Co-
ordinate Bench of this Court in Writ Petition No. 25385 of 2024 vide order
dated 04.09.2024 passed the following order :-
"Considering the nature of the grievance raised this
petition is disposed of directing the competent
authority to verify whether the Annexure-P/2 dated
07.08.2019 is still in force and if the said circular is still
in force the competent authority respondents No. 3 and
4 shall take a final decision in the matter of resolution
of 12.05.2023 as per law within a period of two months
from the date of production of certified copy of this
order.
With the aforesaid petition is disposed of."
5. Considering the same, since the claim of the petitioners is
identical in nature, the order passed in the said case shall apply mutatis-
mutandis to the case of the petitioners also. Hence, the respondents No. 3
and 4 shall verify the entitlement of the petitioners strictly as per the
Circulars annexed with the petition and if the said Circulars are still in force,
the competent authority i.e respondents No.3 and 4 shall take a final decision
in the matter of the Resolution dated 12.05.2023, in accordance with law,
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within a period of 60 days, from the date of production of certified copy of
this order.
6. The petitioners are also directed to file a fresh representation
annexing the copy of the Circulars relied upon by the petitioners for their
entitlement along with the copy of the order dated 04.09.2024 passed in
Writ Petition No. 25385 of 2024. The authority thereafter dealt upon the
same and consider their claim strictly as per the documents annexed with the
petition and the order passed by the Co-ordinate Bench in Writ Petition No.
25385 of 2024 vide order dated 04.09.2024 .
With the aforesaid observations, the petition stands disposed of.
No order as to costs.
(JAI KUMAR PILLAI)
JUDGE
rashmi
