BasmotIn Dhurve Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble Shri Justice Rohit Arya - Court Judgment

W.P.No.17278/2012 27/01/2014 Shri Kabir Giri, learned counsel for the petitioner.

Shri Rajesh Tiwari, learned Govt.

Advocate for the respondents.

The writ petition is taken into for consideration on admission, however, with the consent of learned counsel for the parties, the matter is heard and finally disposed of.

2.

The facts necessary for disposal of this writ petition are that the petitioner's husband was Assistant Teacher and posted in Tribal Welfare Department, Balaghat.

His initial appointment was on probation as Assistant Teacher in the year 1988.

He was paid for fixed salary of Rs.300/-.

However, thereafter his services were regularized after completion of probation.

The grievance of the petitioner is that despite her husband being entitlement for payment of regular salary even though he was on probation, the said benefit has not been extended to him though there is a binding judgment rendered by this Court in the series of cases and the lead case is being Madhukant Yadu versus State of Madhya Pradesh wherein the M.P.State Tribunal vide its order dated 24/8/1992 had decided the entitlement of such teachers who were though appointed on probation on fixed salary, but, were held entitled to regular salary during the period of probation.

That judgment was subject matter of S.L.P.No.6892/1993 preferred by the State Government, that was dismissed on 3/1/1999 and thereafter the benefit flowing from the judgment of the Tribunal, has been extended to all such persons who were though appointed on fixed salary at the time of appointment on probation, but have been paid regular salary for the period during which they were on probation.

The said judgment has also been followed in the case of Smt.

Saroj Shah versus State of M.P.and others (W.A.No.744/2010) decided on 27/8/2010 and thereafter series of judgments have been passed whereunder the aforesaid benefit has been extended to similarly situated persons.

In view of aforesaid and keeping parity, it is hereby held that the petitioner's husband was entitled to for regular salary for the period during he was on probation from the date of his initial appointment.

Since the husband of the petitioner has expired on 2/1/2009, monetary benefit accrued to late Chandan Singh Dhurvey shall be released to his wife-Smt.

Basmotin Dhurvey i.e.petitioner.

3.

It is, accordingly, directed that the petitioner shall file a representation to the aforesaid effect.

The respondents shall be well advised to consider and release the monetary benefit accrued to her husband in accordance with law within a period of two months from the date of presentation of representation by the petitioner and production of certified copy of this order.

4.

With the aforesaid observations, this petition stands disposed of.

Certified copy as per rules.

(Rohit Arya) Judge ts