Ashok Kumar Pandey vs The State Of Madhya Pradesh on 19 December, 2014

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Madhya Pradesh High Court

Ashok Kumar Pandey vs The State Of Madhya Pradesh on 19 December, 2014

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<font face="Bookman Old Style, serif"><font size="4"><u><b>W.P.
No.17594/2014</b></u></font></font></p>
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   <font face="Bookman Old Style, serif"><font style="font-size: 13pt" size="3"><b><u>19</u><u>.12.2014</u></b></font></font></p>
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<font face="Bookman Old Style, serif"><font size="3">	Shri Sajidulla
Khan, learned counsel for the petitioner.</font></font></p>
<p style="margin-right: 0.07in; margin-bottom: 0in; font-style: normal; font-weight: normal; line-height: 150%; text-decoration: none" align="JUSTIFY">
<font face="Bookman Old Style, serif"><font size="3">	<span lang="en-US"><span style="background: transparent">Mrs
Manjeet P.S. Chuckal, learned counsel for the respondent/State.</span></span></font></font></p>

Shri Mukesh Kumar Agrawal, learned counsel for the respondent no.2, 3 and

4. With the consent of the parties, the matter is heard finally. In this writ petition, the petitioner inter alia seeks a direction to the respondents to accord him the benefit of second higher pay scale from the date of entitlement with all service benefits including arrears. The facts, leading to filing of the writ petition, briefly stated, are that the petitioner was initially appointed on daily wages basis in Rural Electrification Society. Thereafter his services were regularized and were subsequently merged with the M.P. State Electricity Board. However, the benefit of second higher pay scale is not being extended to the petitioner. In the aforesaid factual backdrop, the petitioner has approached this Court. Learned counsel for the petitioner submitted that the controversy involved in the instant petition is squarely covered by the order dated 04/03/2013 passed by a Bench of this Court in Uma Shankar Dwivedi Vs. State of M.P and others (W.P. No. 5458/2011). It is further submitted that the petitioner may be granted liberty to file a representation with regard to his claim and the writ petition may be disposed with the direction to the competent authority to consider and decide the same.

On the other hand, learned counsel for the respondents fairly submitted that if such a representation is made, the same shall be dealt with in accordance with law expeditiously. Taking into account the submissions made by learned counsel for the parties and as agreed to by them, and with a view to maintain parity as well as for the reasons assigned by a Bench of this Court in Uma Shankar Dwivedi (supra) the writ petition is disposed of with the direction that in case the petitioner submits a representation to the competent authority with regard to his claim within a period of three weeks from the date of receipt of certified copy of this order, the competent authority shall consider the same in view of the policy framed by the Board and in the light of law laid down in Uma Shankar Dwivedi (supra) and to grant the same from the date of entitlement of the petitioner, in case he is found to be eligible. The competent authority is directed to take a decision with regard to claim of the petitioner by a speaking order within a period of three months from the date of receipt of such representation. It is made clear that this Court has not expressed any opinion on the merits of the case. Certified copy as per rules. (J.K. Maheshwari) Judge tarun/  <object type="application/pdf" id="ggg_object" style="display: none"></object>  </div>

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Madhya Pradesh High Court

Ashok Kumar Pandey vs The State Of Madhya Pradesh on 19 December, 2014