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Madhya Pradesh High Court
Shiv Kumar Mahli vs The State Of Madhya Pradesh on 23 March, 2026
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
NEUTRAL CITATION NO. 2026:MPHC-JBP:23992
1 WP-5002-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 23rd OF MARCH, 2026
WRIT PETITION No. 5002 of 2026
SHIV KUMAR MAHLI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mrs. Sudha Goutam - Advocate for the petitioner.
Shri Akshansh Shrivastava - Panel Lawyer for the State.
ORDER
This petition has been filed by the petitioner seeking following
reliefs:-
"i)To issue a writ in the nature of mandamus the respondents be
directed to Reckon the petitioner's entire service from 17.09.2008
for all purposes, including seniority, pay fixation, increments,
promotions, and other statutory benefits, granting all consequential
arrears with 12% interest from the due dates till realization.
ii) To issue a writ in the nature of mandamus the respondents be
directed to forthwith correct the petitioner's eligibility date as
17.09.2008 (date of Vyapam selection/result declaration) and
merger date into Assistant Teacher Cadre as 15.10.2015 (date of
acquiring D.Ed. qualification), in terms of Government Orders
dated 03.05.2008, 05.10.2009, and Condition No. 16 of the
appointment order dated 02.01.2014.
iii) To issue a writ in the nature of mandamus the respondents be
directed to restore the petitioner's name in the eligibility list for
merger into Assistant Teacher Cadre, as per the order dated
19.07.2017, and forthwith, regularization/promotion considering
12+ years of continuous unblemished process his service by 2020.
iv) To issue a writ in the nature of mandamus the respondents be
directed to Grant notional promotion benefits, seniority parity with
NEUTRAL CITATION NO. 2026:MPHC-JBP:23992
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similarly situated teachers in Madhya Pradesh who received
merger from their D.Ed. date, and all consequential reliefs
including ACP/MACP benefits.
v) Any other relief / reliefs order / orders, direction / directions
which this Hon'ble Court may deems fit and proper may kindly be
granted to the petitioner including the cost of petition."
2 . The counsel for the petitioner contends that highlighting the
aforesaid grievance the petitioner has moved a representation dated
11.10.2023 (Annexure P-9) before respondent No.3/Collector, District Seoni,
which is still pending consideration, therefore, same be directed to be
decided expeditiously.
3 . The aforesaid innocuous prayer is not opposed by the counsel for
the respondents.
4. In view of the aforesaid innocuous prayer, without expressing any
view on the merit of the case, the petition stands disposed of with direction
to respondent No.3, to take decision on petitioner's representation dated
11.10.2023 (Annexure P-9) in the light of the Circular, dated 05-10-2009
(Annexure-P/2) within a period of 60 days from the date of production of
certified copy of this order by passing a well reasoned and speaking order in
accordance with law.
5 . If petitioner is found entitled and there is no impediment or
embargo, the aforesaid benefits be extended to the petitioner within a further
period of 30 days without compelling him to revisit this Court for the said
purpose, otherwise reasons be communicated to the petitioner within the said
period.
6. It is made clear that this Court has not expressed any view on the
merit of the case and respondent No.3 shall be at liberty to deal with the
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representation of the petitioner, in his own wisdom, in accordance with law.
(MANINDER S. BHATTI)
JUDGE
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