Shailendra vs The State Of Madhya Pradesh
2026 Latest Caselaw 714 MP

Citation : 2026 Latest Caselaw 714 MP
Judgement Date : 22 January, 2026

[Cites 3, Cited by 0]

Madhya Pradesh High Court

Shailendra vs The State Of Madhya Pradesh on 22 January, 2026

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2026:MPHC-IND:2035




                                                               1                           WA-2287-2025
                              IN       THE   HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                           &
                                         HON'BLE SHRI JUSTICE ALOK AWASTHI
                                                ON THE 22nd OF JANUARY, 2026
                                                 WRIT APPEAL No. 2287 of 2025
                                                     SHAILENDRA
                                                        Versus
                                       THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                   Shri A.K.Sethi, Senior Advocate assisted by Ms.Astha Nagori -
                           Advocate for the appellant.
                                   Shri Bhaskar Agrawal - G.A for the respondent/State.

                                                                   ORDER

Per: Justice Vijay Kumar Shukla

Heard on I.A No.7387/2025 , which is an application for condonation of delay.

2. Considering the grounds mentioned in the application which is supported by an affidavit, the same is allowed and the delay is condoned.

3. The present appeal is filed under Section 2 of Madhya Pradesh Uccha Nyayalaya (Khandpeeth ko appeal) Adhiniyam, 2005 being aggrieved by the order dated 09/9/2019 passed by the learned Single Judge in W.P No.2112/2019, whereby the petitioner's claim for regular pay scale from the date of entitlement was rejected.

4. Counsel for the appellant argued that the appellant challenged the

NEUTRAL CITATION NO. 2026:MPHC-IND:2035

2 WA-2287-2025 orders by which the respondent No.2 has rejected the representation of the petitioner for extending the benefit of regular payscale from the date of petitioner's entitlement on completion of pay arrears of 5 years. He argued that the identical issue went to the Apex Court and the issue has been decided and on the basis of the said judgment, the identical petition W.P No.14822/2018(Janadi Bai vs. Tribal Welfare Department and Ors.) has been allowed by judgment dated 28/2/2025 by the Single Judge. He further argued that the said issue has also been considered by the co-ordinate Division Bench in W.A No.173/2019(Dinesh Rawal vs. Tribal Welfare Department & Ors.) in which the impugned orders have been quashed and the respondents have been directed to grant the benefit of regular payscale from the date of

initial appointment on the ground of authority. Counsel for the appellant also prayed for cost as it was awarded by single Judge in W.P No.7280/2018(Asha Rathore vs. Tribal Welfare Department and Ors.).

5. It is not disputed by counsel for the State that the issue is already been decided by the co-ordinate Bench in the case of Dinesh Rawal (supra).

6. Considering the same, present Writ Appeal is allowed, the order passed by the learned Single Judge dated 09/09/2019 is set aside. Accordingly, the writ petition is allowed and it is directed that judgment passed in the case of Dinesh Rawal (supra) shall apply mutatis mutandis in the present case. The writ petitioners shall be allowed to get the benefit of regular payscale after completion of 5 years of service from the date of initial appointment in view of the circular dated 17/3/1978 with all consequential benefit. The aforesaid exercise shall be carried out by the respondent within

NEUTRAL CITATION NO. 2026:MPHC-IND:2035

3 WA-2287-2025 60 working days from the date of filing of copy of the order passed today.

7. With the aforesaid, W.A is disposed of.

No order as to cost.

(VIJAY KUMAR SHUKLA) (ALOK AWASTHI) JUDGE JUDGE PK