Bholu Singh Tomar Vs. Sanjay Singh

Bholu Singh Tomar vs Sanjay Singh

Type Court Judgment Court Madhya Pradesh Decided Mar 19, 2013

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https://sooperkanoon.com/case/1040375

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Citation: sooperkanoon.com/1040375
Court: Madhya Pradesh High Court
Decided On: Mar 19, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Bholu Singh Tomar

Advocate Shri. Narendra Sharma

Respondent

Sanjay Singh

Advocate Shri. Prashant Singh

Excerpt

conc. no. 1584 of 2012 19.3.2013 shri narendra sharma, learned counsel for the petitioner. shri prashant singh, learned counsel for respondents. heard. after 8 years of disposal of a petition, w.p. no. 9035/2004) (disposed of on 29.9.2004), the petitioner has filed this petition seeking action against respondents for noncompliance of said order. no cogent explanation has been given as to why no action was initiated by the petitioner for alleged non compliance. the latches, in the given facts of present case, would be a sufficient ground to dismiss the petition and drop the proceedings. however, in pursuance to notice issued to respondents they have filed a compliance report stating therein that a detailed speaking order has been passed on 30.11.2012; whereby, claim of the petitioner for grant of regular pay scale from initial date of appointment as per as per decision in madhukant yadu v. state of m.p. and others (o.a. no. 2745/1989) has been rejected. since the claim of the petitioner has been considered as per direction dated 29.9.2004, no case of willful disobedience has been made out as would warrant any action against the respondents. petitioner, if he is not satisfied with the order, is at liberty to initiate appropriate proceedings against the same before appropriate forum. for the present since no case of willful disobedience is made out the proceedings are dropped. rule nisi discharged. (sanjay yadav) judge vivek tripathi

Full Judgment

Conc. No. 1584 Of 2012 19.3.2013 Shri Narendra Sharma, learned counsel for the petitioner.

Shri Prashant Singh, learned counsel for respondents.

Heard.

After 8 years of disposal of a petition, W.P. No. 9035/2004) (disposed of on 29.9.2004), the petitioner has filed this petition seeking action against respondents for noncompliance of said order.

No cogent explanation has been given as to why no action was initiated by the petitioner for alleged non compliance.

The latches, in the given facts of present case, would be a sufficient ground to dismiss the petition and drop the proceedings. However, in pursuance to notice issued to respondents they have filed a compliance report stating therein that a detailed speaking order has been passed on 30.11.2012; whereby, claim of the petitioner for grant of regular pay scale from initial date of appointment as per as per decision in Madhukant Yadu v.

State of M.P. and others (O.A. No. 2745/1989) has been rejected. Since the claim of the petitioner has been considered as per direction dated 29.9.2004, no case of willful disobedience has been made out as would warrant any action against the respondents. Petitioner, if he is not satisfied with the order, is at liberty to initiate appropriate proceedings against the same before appropriate forum.

For the present since no case of willful disobedience is made out the proceedings are dropped. Rule NISI discharged.

(SANJAY YADAV) JUDGE Vivek Tripathi

Same Court & Year Madhya Pradesh · 2013 Same Parties Bholu Singh Tomar vs Sanjay Singh Same Subject Education