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Madhya Pradesh High Court

Ranchhod Lal Tada vs The State Of Madhya Pradesh on 3 May, 2023

Author: Pranay Verma

Bench: Pranay Verma

                                                   1
                 IN       THE     HIGH COURT OF MADHYA PRADESH
                                        AT INDORE
                                             BEFORE
                               HON'BLE SHRI JUSTICE PRANAY VERMA
                                         ON THE 3 rd OF MAY, 2023
                                      WRIT PETITION No. 7838 of 2023

               BETWEEN:-
               RANCHHOD LAL TADA S/O SHRI AMBARAM JI, AGED
               ABOUT 62 YEARS, OCCUPATION: TEACHER, R/O- GOVT.
               H.S. SCHOOL, KHARSOD KHURD, DISTRICT UJJAIN
               (MADHYA PRADESH)

                                                                             .....PETITIONER
               (RAKESH PAL, LEARNED COUNSEL FOR THE PETITIONER .
               )

               AND
               1.        THE STATE OF MADHYA PRADESH THROUGH
                         THE PRINCIPAL SECRETARY GOVT. OF M.P.
                         SCHOOL EDUCATION DEPARTMENT VALLABH
                         BHAWAN, BHOPAL (MADHYA PRADESH)

               2.        COMMISSIONER EDUCATION AND PUBLIC
                         INSTRUCTIONS GOVT. OF M.P., GAUTAM NAGAR
                         BHOPAL (MADHYA PRADESH)

               3.        DISTRICT    EDUCATION          OFFICER UJJAIN
                         (MADHYA PRADESH)

               4.        JOINT DIRECTOR KOSH LEKHA AVM PENSION
                         DIVISION UJJAIN (MADHYA PRADESH)

               5.        DIVISIONAL PENSION OFFICER PENSION OFFICE
                         UJJAIN (MADHYA PRADESH)

                                                                          .....RESPONDENTS
               (BY SHRI ANENDRA SINGH PARIHAR, P.L. FOR RESPONDENTS/STATE)


Signature Not VerifiedThis petition   coming on for admission this day, th e court passed the
Signed by: SHAILESH
              following:
MAHADEV SUKHDEVE
Signing time: 5/3/2023
5:22:54 PM
                                                   ORDER

2 Heard on the question of admission.

2. This writ petition under Article 226 of the Constitution of India has been filed by petitioner seeking a direction to grant the benefit of second Kramonnati, after completion of 24 years' service from the date of initial appointment i.e. 31.10.1974 (Annexure P/1); and fix the pay of the petitioner with all consequential benefits.

3. Learned counsel for the petitioner at the outset submits that the controversy involved in the matter is finally decided on 26.04.2007 by this Court in Writ Petition No.6773/2006 (Prerna Koranne v. State of MP). The petitioner submits that he intends to prefer a representation, which may be directed to be decided by the respondents, in the light of the judgment in Prerna's case (supra), within a stipulated time.

4. The aforesaid innocuous relief prayed for is not opposed by learned P.L. appearing for the respondents / State.

5 . Accordingly, without expressing any opinion on the merits and entitlement of the petitioner, this petition is disposed of with the following directions:-

"(1) The petitioner shall prefer detailed representation along with the judgment in Prerna's case (supra) on which he / she wants to place reliance and file it before respondents, within 10 days from the date of receipt of certified copy of the order.

(2) The said respondents shall consider and examine the applicability of such judgment in case of the petitioner. In the event the authorities come to the conclusion that the petitioner is entitled for Signature Not Verified similar benefits and claims, same be paid to the petitioner within 60 Signed by: SHAILESH MAHADEV SUKHDEVE Signing time: 5/3/2023 days. The respondents while deciding the representation shall pass a 5:22:54 PM reasoned and speaking order."

6 . With the aforesaid observation, Writ Petition No.7838/2023 stands disposed of.

7 . All the other pending interlocutory applications, if any, shall stand disposed of.

(PRANAY VERMA) JUDGE SS/-