Madhya Pradesh High Court
The State Of Madhya Pradesh Tr vs Ku. Bharti Modi on 31 January, 2018
1
THE HIGH COURT OF MADHYA PRADESH
R.P.547/2016
(Sate of M.P. & Ors. Vs. Ku. Bharti Modi & Ors.)
Gwalior, Dated: 31.01.2018
Shri Raghvendra Dixit, learned Government Advocate
for petitioner/State.
None for the respondents.
Despite service of notice, respondents have chosen not to appear.
Matter is instantly taken up for hearing Petitioner seeks review of order dated 28.06.2008 passed in W.P.No.1083/2005(s). Taking into consideration the fact that respondents was engaged in the year of 1995 i.e. after the amendment in the Rules of Madhya Pradesh Non-Gazetted Class-III Educational Services (Non College Service) Recruitment and Promotion Rules, 1973 with effect from 17.06.1993 incorporating B.Ed./D.Ed/B.T.I. as essential qualification for appointment as Teacher and decision rendered by a Division Bench of this Court in the case of State of M.P. & Ors. Vs. Manoj Kumar Sharma & Ors. ILR (2007) MP 586 wherein it is held :-
"Thus the petitions are disposed of in terms of circular dated 17.10.2003 and the order of Tribunal is modified to the effect that all the teachers who were approached upto 16.06.1993 & who acquired training of B.Ed./B.T.I at their own expenses during the period of service with permission of department between the period 23.10.64 to 01.03.99 will be entitled after 16.06.1993 or those have acquired the qualification before appointment, will not be entitled for benefit of additional increment"
And the affirmation of the said order by Hon'ble Supreme Court in Civil Appeal No.3408/2008 with the 2 following terms:-
"Having regard to the above we are of the view that the High Court should not have relied merely upon the submission made on behalf of the State of Madhya Pradesh that the Circular dated 21.09.1974 had been withdrawn by a subsequent Circular dated 18.12.1975 and proceeded with the matter, particularly when the said circular dated 18.12.1975 was never even produced before the Court.
Since the said circular was not produced either before the Tribunal or before the High Court or even before us, we do not think that any further opportunity is required to be given in that regard.
Accordingly, we allow this appeal and set aside the impugned judgment of the Madhya Pradesh High Court to the extent only. We directed that the appellant will be entitled to the benefit of the circular of 21.09.1974 and the benefit which were directed to be given to her in terms of the order of the State Administrative Tribunal stand restored. The time for making payment of arrears is extended by a period of six months from date."
We are of the considered opinion that respondents were not entitled for grant of two advance increments and that fact having escaped from consideration while passing order alongwith batch of other writ petitions, the order dated 28.06.2008 is recalled. Writ petition filed by the respondents for grant of two advance increments in lieu of Bachelor of Education Degree is declined on the anvil of decision in the case of Manoj Kumar Sharma (supra).
Review petition stands disposed of finally in above terms.
(Sanjay Yadav) (Ashok Kumar Joshi)
Ashish* Judge Judge
ASHISH CHOURASIYA
2018.02.05 11:10:25 +05'30'