Judgment:
W.P.No.10565/2004 24.09.2012 Shri P.N.Dubey, learned counsel for the petitioner.
Shri Yogesh Dhande, learned Dy.
Govt.
Advocate for respondents No.1 to 4.
Though the writ petition was entertained in the year 2004, opportunities and opportunities were granted to the respondents to seek instructions and file the return, yet such a return has not been filed.
The only grievance of the petitioner is that his services rendered in the foreign university, though treated as services in the State and regularised, yet the benefit is not extended for counting of said period for grant of higher pay scale as is available under the Rules.
It is contended by the learned counsel for the petitioner that the case of the petitioner is squarely covered by a decision rendered by the Apex Court in the case of Sharadendu Bhusan versus Nagpur University & otheRs.AIR 198.SC 335.
Considering the aforesaid, as a last opportunity, two weeks' time is allowed to learned Dy.
Govt.
Advocate to seek instructions and to file the return.
In case the return is not filed, the Principal Secretary of the Higher Education and Commissioner Higher Education, Government of Madhya Pradesh, will remain present before this Court to explain the default.
A copy of this order be made available to learned Deputy Govt.
Advocate for communication of the same to the respondents.
List the petitioNo.17.10.2012.
(K.K.Trivedi) Judge A.Praj.