Madhya Pradesh High Court
State Of M.P. vs Yamuna Prasad Tiwari on 12 August, 2014
1
W.A. No.394/2014 & W.A. No.288/2014
12/8/2014.
Shri Rahul Jain, learned Dy. Advocate
General for the appellant State.
Shri K. C. Ghildyal, Shri Rahul Mishra
and Shri Narendra Sharma, learned counsel for
the respondents.
Delay in filing of the appeal is condoned. I.A. No.5743/2014 stands allowed and disposed of.
Heard on the question of admission. As challenge in both these appeals are made to orders identical in nature passed by the learned Writ Court, they are being disposed of by this common order.
Respondents employees in both these cases filed Writ Petitions claiming the benefit of the judgment rendered by the Supreme Court in the case of Madhukant Yadav Vs. State of Madhya Pradesh and others decided on 24.8.1992 and the subsequent orders passed by a Division Bench of this Court in W.A. No.346/2008
- Smt. Usha Ranawat Vs. State of M.P. and others.
The Writ Court having allowed the benefit of pay fixation after grant of increment from the initial date of appointment, both these appeals have been filed.
The controversy involved in the matter has been resolved by Division Benchs of this 2 W.A. No.394/2014 & W.A. No.288/2014 Court and various appeals filed by the State Government have been dismissed. Thereafter, on the ground that the matters were pending before the Supreme Court, when the State Government refused to extend the benefit to various similarly placed employees on 12.10.2011 a Coordinate Bench of this Court in W.A. No.946/2010 - Bhawarlal Badoniya & Others Vs. State of M.P. & Others and more than 40 other cases issued the following directions :-
"With the aforesaid directions, these appeals are allowed. All the arrears will be released by the State within a period of six months from the date of communication of this order. If the amount is not paid within a period of six months, the appellants shall be entitled for interest @ 6% per annum on all the arrears from today, till payment of arrears.
Considering the facts of the case, there shall be no order as to costs. A copy of this order be placed in the record of all the Writ appeals decided by this order."
Keeping in view the aforesaid directions which has now been implemented in the case of other similarly situated employees, 3 W.A. No.394/2014 & W.A. No.288/2014 we see no reason to go into the question as Writ Appeal identical in nature filed by the State Government has also been rejected.
Keeping in view the aforesaid, these appeals are also dismissed and the State Government is directed to extend to the petitioners (respondents herein) the benefit in accordances to the directions already issued by a Coordinate Bench of this Court in the order reproduced herein above.
(Rajendra Menon) (Alok Verma)
Judge Judge
mrs.mishra