Madhya Pradesh High Court
Mahadev Prasad Sharma vs The State Of Madhya Pradesh on 4 January, 2019
1 W.P. No.55/2019
THE HIGH COURT OF MADHYA PRADESH
W.P. No.55/2019
(Mahadev Prasad Sharma & Ors. vs. State of M.P. & Ors.)
Gwalior, Dated : 04.01.2019
Shri R.P. Singh, counsel for the petitioners.
Shri A.K. Nirankari, Govt. Advocate for the
respondents/State.
This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
"7.1 That the respondents may kindly be directed to revise second time bound up gradation pay scale/Kramonnati from the due date i.e. 19.04.1999 within a stipulated period of one month with all consequential benefits.
7.2 That the respondent may kindly be directed to provide all consequential benefits which is flouted away by not granting the second time bound up gradation/kramonnati in time including pay fixation, arrears, post retiral and pensionary benefits etc. within a stipulated period of one month.
7.3 That, any other relief doing justice into the matter including cost of petition, advocate fee etc. may also kindly be awarded to the petitioner."
It is submitted by the counsel for the petitioners that the case of the petitioners is covered by the judgment passed in the case of Smt. Prerna vs. State of M.P. and others [W.P.No.6773/2006 (s)] decided on 26.04.2007 and this Court in identical matters have also extended the benefits of same to the identically placed petitioners.
Per contra, it is accepted by the counsel for the State that the present case is covered by the judgment passed in the case of Prerna (supra).
Accordingly, the petitioners are directed to file fresh representation along with certified copy of the order passed today by seeking parity treatment with the case of Smt. Prerna (supra) within a period of ten days from today and obtain a receipt/acknowledgment thereof from the office of respondents either in person or through authorized representative. The respondents shall be well advised to decide the representation of the petitioners in 2 W.P. No.55/2019 accordance with law after affording due opportunity to the petitioners within a period of eight weeks, keeping in mind the principle of parity applicable to similarly situated persons as enshrined under Articles 14 and 16 of the Constitution of India.
With the aforesaid direction, this petition stands disposed of.
It is made clear that this Court has not expressed any opinion on the merits of the case.
(G.S. Ahluwalia) Judge van VANDANA VERMA 2019.01.05 10:34:11 +05'30'