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Madhya Pradesh High Court

Ramesh Kumar Sapra Thr Lrs Smt. Renu ... vs The State Of Madhya Pradesh on 3 July, 2023

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                 ON THE 3 rd OF JULY, 2023
                                              WRIT PETITION No. 3849 of 2014

                           BETWEEN:-
                           RAMESH KUMAR SAPRA THROUGH LRS SMT. RENU
                           SAPRA W/O LATE SHRI RAMESH KUMAR SAPRA, AGED
                           ABOUT    62    YEARS, OCCUPATION: HOUSEWIFE,
                           RESIDENT OF 93, I ST FLOOR, ESHVAR SINGH GALI
                           MANGOL PUR KHURD ROHINI SECTOR-7, NORTH
                           WEST DELHI, DELHI - 110085.

                                                                                       .....PETITIONER
                           (BY SHRI D.P. SINGH - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 PRINCIPAL SECRETARY, DEPARTMENT OF
                                 ANIMAL HUSBANDAY, MANTRALAY, GOVT. OF
                                 MADHYA PRADESH, VALLAB BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           2.    M.P. STATE COOPERATIVE DAIRY FEDERATION
                                 LIMITED DUGDHA BHAWAN, DUGDHA MARG,
                                 HABIBGANJ,    BHOPAL (MADHYA PRADESH)
                                 THROUGH MANAGING DIRECTOR.

                           3.    THE GENERAL MANAGER, GWALIOR DUGDHA
                                 SANGH MARYADIT, GOLE KA MANDIR, GWALIOR
                                 (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (SHRI VIVEK JAIN - ADVOCATE FOR RESPONDENT NO.3)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                             ORDER

The present petition under Article 226 of the Constitution of India has Signature Not Verified Signed by: PAWAN KUMAR Signing time: 05-07-2023 10:58:33 AM 2 been preferred by the petitioner seeking following reliefs:

"(i) That the respondents be directed to consider and decide the representation of the petitioner as per the law laid down in W.P. No.161999/2011 (S) [Data am Kuber Vs. M.P. State Cooperatives Dairy Federation and others] with further directions to extend the benefit of revised pay scale of Fifth Pay Commission and also extend the benefit of Time Bound Promotion at par with similarly situated employees and be further directed to pay the arrears of difference of salary with interest @ 12$%.

(ii) That any other relief which is suitable in the facts and circumstances of the case in favour of the petitioner including the costs throughout may also be granted."

Learned counsel for the petitioner has submitted that in respect of grievance of the petitioner, he has also preferred representation/application (Annexure P/1) but the same has not been decided till date by the respondent/authority. A limited prayer has been made by counsel for the petitioner that if the respondent/authority is directed to decide his pending representation/application (Annexure P/1) in accordance with law in a time bound manner, his grievance would be redressed.

Per contra, learned counsel appearing on behalf of respondent No.3 submits that if such direction is issued, he has no objection.

Heard counsel for the parties and perused the record. Looking to the limited prayer made by the counsel for the petitioner, this petition is disposed off with a direction to respondent No.3 to decide the pending representation/application of the petitioner (Annexure P/1) by a reasoned and speaking order as expeditiously as possible preferably within a period of two months from the date of receipt of the certified copy of this order in accordance with law. However, this Court has not gone into the merits of the case.

With the aforesaid direction, the present petition is disposed off. Certified copy as per rules.

(MILIND RAMESH PHADKE) JUDGE pwn* Signature Not Verified Signed by: PAWAN KUMAR Signing time: 05-07-2023 10:58:33 AM