[Cites 2, Cited by 0]
Madhya Pradesh High Court
Kalu Singh Muniya vs The State Of Madhya Pradesh on 14 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:1158
1 WP-36082-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
ON THE 14 th OF JANUARY, 2026
WRIT PETITION No. 36082 of 2024
KALU SINGH MUNIYA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. Vijay Kumar Patwari, counsel for the petitioner.
Ms. Swati Ukhale, counsel for the respondents/State.
Mr. Rajesh Kumar Vyas, counsel for the respondent No.5.
ORDER
Heard on IA No.105 of 2026 which is an application for disposal of the writ
petition.
It is contended by the petitioner that the said relief which has been claimed
for has already been considered by this court in Writ Petition No.5012/2016 dated
12.12.2025 and other connected matters.
For the reasons mentioned in the application, the same is allowed.
Accordingly, IA No.105 of 2026 stands disposed of.
Heard finally with the consent of both the parties.
This petition has been filed by the petitioner under Article 226 of the
Constitution of India seeking the following reliefs: -
7. RELIEFS PRAYED FOR : -
This Hon'ble Court may graciously be pleased -
(a) That the Hon'ble High Court may kindly be pleased to issue writ or
directions against the Respondents and in favor of the Petitioner and quash
NEUTRAL CITATION NO. 2026:MPHC-IND:1158
2 WP-36082-2024
the impugned order dated 31.08.2020 Annexure-P/9 and Annexure-P/10
with all consequential benefits i.e. pay fixation of Rs.169-300 from the
date of initial appointment and revised the pay as per Revision of pay
Rules as has been issued from time to time and the further
promotional/krammonati/higher payscale benefits with all consequential
benefits.
(b) That, this Hon'ble High Court may kindly be pleased to issue a writ
or directions against the Respondents and in favour of the petitioner. That
to finalize all sorts of retiral benefits including regular pension, gratuity,
final payment of the GPF A/c. No.MD/61271 & leave encashment against
300 days earn leave including 12% compound interest on delayed
payment on the arrears accrued after finalization of the entire retiral
benefits, till the date of actual payment.
(c) That, the Hon'ble High Court may be pleased to allow this petition
with cost.
(d) That, any other relief this Hon'ble High Court may deems fit.
2. The grievance of the petitioner is that the Petitioner was initially appointed on
the post of Asst. Teacher in the pay scale of Rs. 155-252 and later on the
petitioner has possessed the requisite qualifications. The State Government has
issued a number of circulars and notifications and allowed the benefit of 3 pay up-
gradations / higher pay scale /Kramonnati / Time Scale on completion of 12/24 or
20/30 service from the date of initial appointment and accordingly the pay of the
petitioner/Assistant Teacher was fixed in the pay scale of Rs. 169-300, but by
discriminating some of the Assistant Teachers' fixed their pay in the pay scale of
Rs. 155-252 on the basis of their Education Qualification.
3. Counsel for the petitioner has submitted that the case of the petitioners is
squarely covered by the judgment passed by the Single Bench of this Court in Writ
Petition No. 7307 of 2024 (Ratan Singh Tagore Vs. The State of Madhya Pradesh
and others) dated 20.09.2024.
4. Counsel for the respondents/State, on the other hand submitted that the
petitioner was not qualified for the said pay scale as he was not having the requisite
educational qualifications.
NEUTRAL CITATION NO. 2026:MPHC-IND:1158
3 WP-36082-2024
5. In view of the same, considering the relief sought by the petitioner and the
order passed by this Court in the case of Ratan Singh Tagore (supra) which reads
as under:-
"Upon perusal of the order passed by this court in the previous petition WP
No.4811/2003 (OA No.1132/95), it is evident that this court considering the judgment
passed in case of Mikal Vasooniya (supra) held that the petitioner is entitled to the pay
scale of Rs.169-300 whether he has qualification of 12th or matriculation. He was
directed to be given the same benefit of pay scale of Rs.1200-2040 which has been
given to the respondent No.5. The petition was allowed. The respondents were
directed to revise the pay scale of Rs.1200-2040 to the petitioner at par with the
respondent No.5 and to pass appropriate orders within a period of six months. Thus,
the stand of the respondents in the reply that since the petitioner is not having
qualification of 8th or matriculation, is not entitled for the said pay scale, cannot be
accepted. The said issue has already been decided in the previous petition and the said
order has attained finality.
In view of the aforesaid, the present petition is allowed. The respondents are
directed to restore the pay scale of Rs.169-300 revised to Rs.545-925 with effect from
12.2.1982, further revised as Rs.1200-2040 with effect from 1.1.1986 as revised from
time to time in equallent pay scale and also to grant him benefit of financial
upgradation as per his entitlement and to release the arrears along with interest of 6%
per annum from the date it become due till the date of payment. In view of the
aforesaid, impugned order of recovery dated 23.2.2024 is also quashed. It is stated at
the bar that the retiral dues such as pension, gratuity, leave encashment and other dues
have not been settled because of the so called alleged recovery. Since the recovery
order has already been quashed, the respondents are directed to settle all retiral dues
of the petitioner such as gratuity, leave encashment, pension and other dues and
arrears along with interest @ 6% per annum from the date it became due till payment
is made within a period of two months from the date of receipt of the communication
of the order."
6. It is found that the aforesaid decision would be applicable to the facts and
circumstances of the case mutatis mutandis .
7. Accordingly, the Writ Petition stands allowed. The respondents are
directed to act, in accordance with the direction contained in Ratan Singh
Tagore (supra). The respondents are directed to restore the pay scale of Rs. 169-
300 revised to Rs. 545-925 as revised from time to time in equivalent pay scale
and also grant the financial up-gradation, as per entitlement and to release the
arrears along with interest of 6% per annum from the date it became due till the
NEUTRAL CITATION NO. 2026:MPHC-IND:1158
4 WP-36082-2024
date of payment.
8. The respondents are directed to settle all the retiral dues of the petitioner
such as gratuity, leave encashment, pension and other dues and arrears along with
interest @ 6% per annum from the date it became due till payment is made within
a period of two months from the date of receipt of certified copy of this order. It is
contended by the petitioner that GPF amount has already been paid to him.
9. All the other pending interlocutory applications, if any, shall stand
disposed of. Certified copy, as per Rules.
(JAI KUMAR PILLAI)
JUDGE
Arun/-
