Madhya Pradesh High Court
Pyare Lal Jatav vs The State Of Madhya Pradesh on 19 April, 2022
Author: Anand Pathak
Bench: Anand Pathak
1
HIGH COURT OF MADHYA PRADESH
W.P.No. 26175/2021
( Pyare Lal Jatav Vs. The State of M.P. & Others)
Gwalior Bench : Dated : 19/04/2022
Shri Alok Bandhu Shrivastava, learned counsel for the petitioner.
Shri Rohit Shrivastava, learned Panel Lawyer for the
respondents/State.
The petitioner has filed the petition under Article 226 of the Constitution of India seeking following reliefs:-
"1. That, the respondent authorities may kindly be directed to give the benefits of pay scale of 950-1530 w.e.f. 01.01.1986 and benefit of pay scale of 3050-4590 w.e.f. 01.01.1996 and subsequent revised pay scale and also arrear of pay and allowances with effect from date of eligibility to the present petitioners in the interest of justice.
2. That direct respondents to comply with direction of Hon'ble High Court as has been given in Annexure P/2 to P/6 with in stipulated time be deemed proper by this Hon'ble Court and also arrear of pay and allowances with interest with effect from date of eligibility or as is applicable in the case of individual petitioners.
3. Issue any others writ order or direction in the nature of writ under Article 226 of the Constitution of India as this Hon'ble Court may deem fit in facts and circumstances of the case."2
HIGH COURT OF MADHYA PRADESH W.P.No. 26175/2021 ( Pyare Lal Jatav Vs. The State of M.P. & Others) The petitioner was appointed on the post of Time Keeper/Sthal Sahayak under work charge establishment in the Public Works Department has approached this Court for a limited relief of the nature of writ of mandamus commanding the respondents to decide his representation in the light of the judgment rendered by this Court in W.P.No.16741/2003 (Annexure P/1), whereunder according to the petitioner similarly situated employees have been given the benefit of pay scale 515-800 and corresponding pay scale revised from time to time.
After arguing for a while, learned counsel for the petitioner placed the order in W.P.No.4413/2008 (Lekh Singh Yadav & another Vs. State of M.P. and others decided by the Coordinate Bench, Principal Seat Jabalpur, wherein relying upon the judgment passed by the Court in W.P.No.16054/2003 (A.L.Thakur and others Vs. State of M.P. and others, certain directions for consideration were given. Therefore, he seeks the same directions.
Learned counsel for the State opposed the prayer and prayed for dismissal of the writ petition. However, he fairly submits that if representation of still pending then same shall be considered in accordance with law.
Considering the submission and innocuous prayer made by the petitioner for consideration to his representation, without commenting 3 HIGH COURT OF MADHYA PRADESH W.P.No. 26175/2021 ( Pyare Lal Jatav Vs. The State of M.P. & Others) upon the submissions so advanced, the petitioner is set at liberty to approach respondents/concerned authorities seeking audience on the aforesaid plea of parity alongwith relevant documents. Respondents/concerned shall consider the representation and other documents, if not already decided, and shall take a decision themselves or forward the same to the competent authority for decision thereupon.
With the aforesaid, writ petition stands disposed of. It is made clear that the matter shall be decided on its own merits and the documents/undertaking submitted by the petitioner.
(Anand Pathak)
jps/- Judge
JAI PRAKASH
Digitally signed by JAI PRAKASH SOLANKI
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7633f4cfb9e38ce14f SOLANKI cbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB2193780D8357, serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C01433EBD48AE4 F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2022.04.21 10:43:56 +05'30'