Madhya Pradesh High Court
Smt. Anita Mishra vs The State Of Madhya Pradesh on 18 April, 2016
WP-5897-2016
(SMT. ANITA MISHRA Vs THE STATE OF MADHYA PRADESH)
18-04-2016
Ms. Anjana, learned counsel for the petitioner.
Shri Anubhav Jain, learned PL for the respondents/State.
The present petition filed under Article 226 of the Constitution of India, challenging the inaction on the part of the respondents in not revising the salary of husband (late) of the petitioner. Brief facts of the case are that the husband of the petitioner was working on the post of Progress Man in Electrical & Maintenance Division No.3 Bargni Nagar of Narmada Ghati Vikas Division. Husband of the petitioner had expired.
Learned counsel for the petitioner submits that respondents/Department has revised the pay scale of Progress Man under the Revised Wages Rules 1987. However, the said benefit has not been extended towards her husband. Learned counsel for the petitioner submits that the persons, who were identical situated, have approached to this Court by filing a Writ Petition No.13540/2010 (R.K.Lakhera & others vs. State of M.P. & others) and the said petition was allowed and disposed of by this Court vide order dated 13/12/2012. Learned counsel for the petitioner submits that for the aforesaid purpose, petitioner has submitted a representation Annexure P/4 to the respondents but the same is still pending for consideration. She, therefore, prays that an appropriate direction may be issued to the respondents to consider and decide the representation Annexure P/4 in light of the order passed by this Court in Writ Petition No.13540/2010 (R.K.Lakhera & others vs. State of M.P. & others).
On the other hand, learned PL for the State fairly submitted that suitable action on the representation submitted by the petitioner shall be taken.
Taking into account the submissions made by learned counsel for the parties and as agreed to by them, the writ petition is disposed of with the direction to the respondents to consider and decide the representation Annexure P/4 submitted by the petitioner in light of the order passed by this Court in case of R.K.Lakhera & others vs. State of M.P. & others within a period of three months from the date of receipt of certified copy of this order, by speaking order. If the petitioner is found eligible, then the benefit of same shall be extended to the petitioner.
In view of the aforesaid, this petition is disposed of, with no order as to costs.
Certified copy as per rules.
(MISS VANDANA KASREKAR) JUDGE