CHIMMAN LAL v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-16. CHIMMAN LAL v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK th ON THE 16 OF JANUARY, 2024 WRIT PETITION No. 31862 of 2023 BETWEEN:- CHIMMAN LAL S/O LATE SHRI GAURI SHANKAR, AGED ABOUT 50 YEARS, OCCUPATION: WARD BOY POSTED AT GOVERNMENT DISPENSARY DULLPUR GWALIOR R/O PANCHSHEL NAGAR, BEHIND MELA GROUND GWALIOR MP. (MADHYA PRADESH) ..... PETITIONER (BY SHRI ALOK KATARE - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY DEPARTMENT OF HEALTH SERVICES, GOVT. OF M. P. MANTRALAYA VALLABH BHAWAN, BHOPAL(M. P. ) (MADHYA PRADESH) 2. THE COMMISSIONER DIRECTORATE OF HEALTH S ERVI CES 6TH FLOOR, SATPURA BHAWAN, BHOPAL (MADHYA PRADESH) 3. CHIEF MEDICAL AND HEALTH OFFICER GWALIOR (MADHYA PRADESH) ..... RESPONDENTS (BY SHRI N. S.
TOMAR - GOVERNMENT ADVOCATE) This petition coming on for admission this day, th e court passed the following: ORDER The present petition is preferred under Article 226 of the Constitution seeking following reliefs:- (i) That, the present petition filed by the petitioner may kindly be allowed. (ii) That, the respondent be directed to grant the benefit of seniority and regular pay-scale and other benefit including difference of pay of the post of ward boy to the petitioner from the date of initial appointment as has been done in case of Arun Thakur by the order Annexure P/6. (iii) That, any other just, suitable and proper relief, which this Hon'ble Court deems fit, may also kindly be granted to the petitioner. Costs be also awarded in favour of the petitioner. 2. Grievance of the petitioner is that petitioner was appointed as a Sweeper in department of Health and Family Welfare on 26. 09. 1996 and got confirmed as Ward Boy on 21. 11. 2017.
He is seeking seniority for the period, he performed his duties as temporary employee. In other words, he is seeking pay scale from the date of initial appointment as directed by this Court in the case of Arun Thakur Vs. State of M. P. and others passed in W. P. No. 5535/2011 vide order dated 25. 04. 2016. He refers the order dated 26. 06. 2019 (Annexure P-6) passed by CMHO Gwalior whereby said benefits have been granted to then petitioner -Arun Thakur (supra). He seeks similar treatment. 3. Learned counsel for the respondents/State opposed the prayer. However, fairly submits that if the case of the petitioner falls within the parameters of the case of Arun Thakur and other similarly placed employees then said benefit shall be awarded to the petitioner. Else reasoned order shall be passed under due intimation to the petitioner for rejection of the case. 4. Heard the counsel for the parties and perused the documents appended thereto. 5.
Considering the submissions, this petition is disposed of with direction to the respondents to consider the case in light of facts of the present case and parity sought by the petitioner viz-a-viz case of Arun Thakur and if he is entitled to get the benefit then said benefit shall be awarded to him within two months from the date of submission of representation alongwith certified copy of the order and if case is different and petitioner does not deserve relief as claimed then reasoned order shall be passed under due intimation to the petitioner so that he can know the fate at the earliest and challenge it accordingly. 6. Petition stands disposed of with aforesaid direction. (ANAND PATHAK) JUDGE Ashish* Digitally signed by ASHISH CHAURASIA ASHISH DN: c=IN, o=HIGH COURT OF MADHYAPRADESH BENCH GWALIOR, ou=HIGH COURTOF MADHYA PRADESH BENCH GWALIOR, 2. 5. 4.
20=bf81a9adb1da24e4bc7b5195154c3 CHAURASI d4de08c6bb9303e52e2e7e728d9bac85bd3,postalCode=474001, st=Madhya Pradesh,serialNumber=A926F3CBF979ECA6A4C47757 7EEDBA3AB4F94593A930B98DAE1B0AD16F9 A 0B5FD, cn=ASHISH CHAURASIADate: 2024. 01. 16 19:05:44 -08'00'
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