Madhya Pradesh High Court
Devendra Kumar Soni vs School Education Department on 23 September, 2022
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 23rd OF SEPTEMBER, 2022
WRIT PETITION No. 28175 of 2019
BETWEEN:-
DEVENDRA KUMAR SONI S/O SHRI NARAYAN
PRASAD SONI, AGED ABOUT 55 YEARS,
OCCUPATION: SERVICE 54-B, SUDAMA NAGAR
INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI AMIT RAJ, ADVOCATE)
AND
1. SCHOOL EDUCATION DEPARTMENT
PRINCIPAL SECRETARY VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. DEPUTY SECRETARY SCHOOL EDUCATION
DEPARTM ENT VALLLABH BHAVAN BHOPAL
(MADHYA PRADESH)
3. COMMISSIONER DIRECTOR OF PUBLIC
EDUCATION GAUTAM NAGAR, BHOPAL (M.P.)
(MADHYA PRADESH)
4. DIRECTOR STATE COUNCIL OF EDUCATION
RESESARCH AND TRAINING CENTER PUSTAK
BHAVAN , ARERA HILLS , BHOPAL (MADHYA
PRADESH)
5. PRINCIPAL(DIET) DISTRICT INSTITUTE OF
EDUCATION AND TRAINING (DIET) BIJALPUR,
DISTRICT INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VAIBHAV BHAGWAT, G.A. )
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 23-09-2022 18:13:34 2 Heard.
This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-
"7.1 It is, therefore, prayed that this Hon'ble may be pleased to issue appropriate writ, order or direction to direct the competent authority to constitute the Review Departmental Promotion Committee for reconsideration of the name of petitioner for promotion on the post of Principal Higher Secondary School.
7.2 That, respondent may further be directed to issue appropriate promotion order in respect to petitioner and grant all consequential benefits including the monitory benefits and seniority from the date on which other identically placed employee has been promoted i.e. 28.08.2015. 7.3 That, respondents may kindly be directed to grant all other consequential benefits including arrear along with interest.
7.4 That, any other relief which this Hon'ble Court deem fit may grant to the petitioner."
Counsel for the petitioner has submitted that the issue involved in the present case has already been decided by the Principal Seat, Jabalpur in the case of Naresh Sharma Vs. State of M.P. and another passed in W.P. No.8474 of 2019 dated 17.06.2019 and the present petition may also be disposed of in terms of the aforesaid order.
Counsel for the respondents/State, on the other hand, has opposed the prayer, however, it is not denied that the case of Naresh Sharma (supra) has not been challenged.
In view of the same, the writ petition is disposed of with a direction to the petitioner to file a fresh representation along with all the relevant documents within a weeks time before the respondents/competent authority and the respondents/competent authority are directed to consider the representation of the petitioner and pass an appropriate order without influencing with the order of status-quo passed in pending SLP No.13954 of 2016 in the case of State of Madhya Pradesh and others Vs. R. B. Rai and others. The aforesaid Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 23-09-2022 18:13:34 3 exercise be completed within a period of one month from the date of submitting the certified copy of this order.
C.c. as per rules.
(SUBODH ABHYANKAR) JUDGE Pankaj Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 23-09-2022 18:13:34