Madhya Pradesh High Court
Hari Lal Chandel vs The State Of Madhya Pradesh on 28 March, 2012
1
W.P. No.4279/2012 (S)
Hari Lal Chandel vs. State of M.P. & Ors.
28.03.2012
Heard Shri K. C. Ghildiyal, learned counsel for the
petitioner, on the question of admission.
The petitioner has filed this petition alleging that the
respondent authorities have denied the petitioner benefit
of special pay to which he is entitled in accordance with the provisions of M.P. Revision of Pay Rules, 1998 as clarified by notification dated 14.3.2002, Annexure P-3. It is submitted that the act of the respondents is contrary to paragraph 4 of the circular issued by the State Government dated 18.8.2005, the Fundamental Rules and the decision of this Court rendered in the case of Laxman Singh Chouhan vs. State of M.P. and others, 2006 (1) MPJR SN 10.
It is submitted by the learned counsel for the petitioner that the respondent authorities are not taking into consideration the aforesaid aspect.
It is, however, noted that after decision of this Court and the Contempt Petition, the petitioner has not approached the respondent authorities raising the aforesaid specific issue and, therefore, the authorities have yet to apply their mind to this aspect and pass a reasoned order thereon.
Shri S. P. Rai, the learned Panel lawyer appearing for the respondent/State, on advance copy, submits that in case the petitioner does so, the authorities shall consider and decide the same in accordance with law.
2W.P. No.4279/2012 (S) Hari Lal Chandel vs. State of M.P. & Ors.
In view of the aforesaid, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a fresh representation before respondent no.2 within four weeks from today alongwith a copy of the order passed today, a copy of the petition, the circulars of the State Government and the decision of this Court rendered in the case of Laxman Singh Chouhan (supra), the respondent no.2 shall consider and decide the same by passing a reasoned order and after duly taking into consideration the notification issued by the State Government dated 14.3.2002 expeditiously in accordance with law preferably within a period of three months thereafter.
It is made clear that this Court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to consider the representation by taking all facts and facets into consideration and thereafter either accept or reject the same by passing a reasoned order.
With the aforesaid observation/direction the petition filed by the petitioner stands disposed of.
C.C as per rules.
( R. S. JHA ) JUDGE mms/-