Ramashankar Sharma Vs. the State of Madhya Pradesh

Ramashankar Sharma vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Feb 25, 2013

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Citation: sooperkanoon.com/1047325
Court: Madhya Pradesh High Court
Decided On: Feb 25, 2013
Subject: Education

Case Summary

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

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Ramashankar Sharma

Respondent

The State of Madhya Pradesh

Excerpt

writ petition no.1626/201”25. 02.2013 none for the petitioners.perused the record. the controvers.involved in the present petition is with respect to grant of benefit of fundamental rule 22- d in case of grant of promotion on regular basis. this court in the case of r.s.sikarwar versus state of m.p.and others.2004(3) m.p.l.j.397, has taken note of the law laid-down by the order passed by the m.p.state administrative tribunal in the case of smt. kunti saxena versus state of m.p.(o.a.no.224/1992).and has reached to the conclusion that even if regular promotion is granted on the post carrying the same pay scale, which was granted by virtue of release of kramonnati, still the benefit of fundamental rule 22-d would be available to such an employee. in view of the law laid-down by this court in the case of r.s.sikarwar (supra).the respondents are directed to examine the case of the petitioners.make proper fixation of their salary and pay them all the arrears of salary within a period of two months from the date of receipt of certified copy of the order passed today. with the aforesaid, the writ petition is finally disposed of. certified copy as per rules. (k.k.trivedi) judge skc

Full Judgment

WRIT PETITION No.1626/201”

25. 02.2013 None for the petitioneRs.Perused the record.

The controveRs.involved in the present petition is with respect to grant of benefit of Fundamental Rule 22- D in case of grant of promotion on regular basis.

This Court in the case of R.S.Sikarwar versus State of M.P.and otheRs.2004(3) M.P.L.J.397, has taken note of the law laid-down by the order passed by the M.P.State Administrative Tribunal in the case of Smt.

Kunti Saxena versus State of M.P.(O.A.No.224/1992).and has reached to the conclusion that even if regular promotion is granted on the post carrying the same pay scale, which was granted by virtue of release of Kramonnati, still the benefit of Fundamental Rule 22-D would be available to such an employee.

In view of the law laid-down by this Court in the case of R.S.Sikarwar (supra).the respondents are directed to examine the case of the petitioneRs.make proper fixation of their salary and pay them all the arrears of salary within a period of two months from the date of receipt of certified copy of the order passed today.

With the aforesaid, the writ petition is finally disposed of.

Certified copy as per rules.

(K.K.Trivedi) Judge Skc

Same Court & Year Madhya Pradesh · 2013 Same Parties Ramashankar Sharma vs The State of Madhya Pradesh Same Subject Education