Madhya Pradesh High Court
Sudhakar Hatekar vs The State Of Madhya Pradesh on 8 October, 2012
W.P. No.16689/2012
08.10.2012
Shri Sanjay Singh, learned counsel for the
petitioner.
Shri Yogesh Dhande, learned Deputy Government
Advocate for the respondent/State on advance notice.
Heard on the question of admission. By this petition filed under Article 226 of the Constitution of India, petitioner is seeking the following relief:-
"(I) That the Hon'ble Court be pleased to declare the petitioner entitled for fixation of his pay on promotion as Head Master, Middle School as per Rule 22-D of Fundamental Rule. The respondents be directed to refix the pay of the petitioner from the date of promotion as Head Master, Middle School in further to revise his pension.
The respondents be also directed to pay the petitioner arrears of difference of pay and pension to the petitioner including interest @ 12% per annum.
(ii) Any other relief or reliefs, order or orders, direction or directions which this Hon'ble Court deems fit and proper may kindly be issued in favour of the petitioner.
(iii) Cost of the petition be awarded to the petitioner."
The contention of the learned counsel for the petitioner is that several petitions have been decided by this Court dealing with the point involved in regard to FR 22-D. Learned counsel for the petitioner has invited my attention to a decision of this Court in W.P. No. 1247/2005 (s) Raghunath Singh Vs. State of M.P. & Others decided on 02.08.2005.
Since the point involved in this petition has already been decided, therefore, the petitioner is also benefited by FR 22-D. Accordingly, this petition is allowed and the respondents are directed to extend the benefit of FR 22-D to the petitioner within a period of three months from today.
With the aforesaid observation, the petition stands allowed. No order as to costs.
(K.K. Trivedi) Judge b