IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT

JABALPUR
Writ Petition No. ___________/2019.

PETITIONER : Bhagat Singh Markam,

S/o late Munna Lal Markam
Working as Assistant Teacher, posted in the
Middle School, Bilnagari, Block Development
Bijadandi, District - Mandla, R/o Mandla.

VERSUS
RESPONDENTS : 1. State of M.P. through its Secretary,
Tribal Development Department,
Vallabh Bhawan, Bhopal (M.P.)
2. District Education Officer,
District - Mandla (M.P.)
3. Block Development Officer,
Bijadandi, District - Mandla (M.P.)
4. Block Development Officer,
Tribal Development Department,
District - Mandla (M.P.)

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION

OF INDIA

1. PARTICULARS OF THE CAUSE/ORDER AGAINST WHICH THE PETITION IS

MADE:
(i) Order No. : NIL
(ii) Date of Order : NIL
(iii) Passed by : NIL
(iv) SUBJECT MATTER IN BRIEF :
The petition is not made against any specific order, but is
being made against the in-action of the respondents in not granting the regular
pay scale along with two annual increments to the petitioner from the date of
their initial appointment.
 That it is submitted that the petitioner was appointed as LDT
by the order dated 16/1/1984 , on the fixed pay of Rs. 300/- for the probation
period. The petitioner completed the probation period successfully and
thereafter, his service was regularized and the regular pay scale was given to
him while he is entitled to get the regular pay scale from the date of his initial
appointment in view of the decision of the Hon'ble Court in the matter of
State of M.P. -Vs.- Madhukant Yadu and others which was further followed
in the matter of Smt. Usha Ranawat -Vs.- State of M.P. and others decided
on 18.12.2008 in W.A. No. 346/2008 and the case of the petitioner are squarely
covered by the above decisions. The petitioner several times made oral
requests to the authorities of the respondents, but the respondents did not pay
any heed. Hence this petition on the following facts and grounds :-

2. MATTER IS NOT FILED OR PENDING IN ANY OTHER COURT :

The petitioner declare that the matter regarding which this writ

petition has been filed was not previously filed or pending in any other Court,

Authority or Tribunal.

3. DETAILS OF REMEDIES EXHAUSTED :

The petitioner declare that he has no other alternative, efficacious

and speedy remedy available under the status except to file this writ petition

before this Hon'ble Court.

4. DELAY, IF ANY, IN FILING THE PETITION AND EXPLANATION

THEREFORE:

There is no delay in filing the writ petition.

5. FACTS OF THE CASE :

 Briefly stated facts of the case are as follows :-

5.1- That, the petitioner is citizen of India having fundamental rights

enshrined upon him under the Constitution of India. The petitioner is a
Govt. servant , the entire service career of the petitioner is unblemished.

5.2- That, the petitioner had been appointed on the post of Teacher through
the appointment order dated 16/01/1984 on the fixed pay of Rs. 300/-
subject to completing two years probation period.

5.3- That, thereafter the services of the petitioner was regularized after
completing two years probation period in the pay scale of Rs. 545-10-
575-15-800-20-900-25-925. A Copy of the appointment order dated
16.01.1984 is filed herewith as Annexure P-1.

5.4- That, it is submitted that although the services of the petitioner was
regularized, but he has not been given the benefit of regular pay scale
from the date of his initial appointment till today.

5.5- That, it is submitted that the case of the petitioner is squarely covered by
the order passed in the matter of Smt. Usha Ranawat -Vs.- State of M.P.
and others delivered on 18.12.2008 in W.A. No. 346/2008, but the
respondents failed to extent such benefit to the present petitioner
inspite of the fact that the case of the petitioner is similar. This Hon'ble
Court has further allowed the said principle in various petition out of
which in the case of Rambharose Singraha and others -Vs.- State of
M.P., decided vide order dated 27.9.2013 in W.P. No. 16318/2013(S).

5.6- That, recently the petitioner came to know that the Hon'ble Apex Court
has passed order dated 19.02.2015 in the Civil Appeal No. 930/2006
confirming the judgment dated 17.12.2003 of Hon'ble Court of M.P.
 Bench Gwalior and directed the State Govt. to pay regular pay scale from
the date of initial appointment after completing 2 years of probation
period and the increments of the probation period be also released to
those Assistant Teachers who have appointed from the year 1973-74 to
1997-98 in the School Education Department, therefore the petitioner
made representation on 16.01.2019 and requested the respondents to
release annual increment from the date of initial appointment as granted
to other similarly situated employees, but nothing has been done so far.
A copy of the Circular dated 18.10.2017 of M.P. Govt. School Education
Department and representation dated 08.05.2019 are filed herewith as
Annexure P-2 & P-3 respectively, hence this petition.

6. GROUNDS :

6.1- That, the petitioner was initially appointed as Assistant Teacher on

16.01.1984 on the fixed pay of Rs. 300/- and after completing two years
probation period successfully, his service was regularized and granted
pay scale, whereas he is entitled to get the benefit of regular pay scale
from the date of his initial appointment.

6.2- That, the case of the present petitioner is similar to the case of Smt. Usha
Ranawat (supra), therefore on the ground of principle of parity, he is
entitled to get the benefits.

6.3- That, the petitioner is entitled to get the benefit of regular pay scale from
the date of his initial appointments i.e. from 16.01.1984, but the
respondents failed to extent such benefit. The act of the respondents is
bad, illegal and against the principles of natural justice and denial of
fundamental rights as guaranteed under Article 14 and 15 of the
Constitution of India.

7. RELIEF SOUGHT :
That, the petitioner most humbly prays for the grant of following
reliefs :-
[7.1] To call for the entire record for kind perusal of this Hon'ble Court.

[7.2] The Hon'ble Court may kindly be pleased to direct the respondents to
grant the benefit of regular pay scale to the petitioner from the date of
his initial appointment, by granting two annual increments with all
consequential benefits including arrears and interest thereon at the rate
of 12%.

[7.3] Any other reliefs which this Hon'ble Court deems fit and proper may also
kindly be passed.

8. INTERIM WRIT/RELIEF/ORDER:
Nil.

9. DOCUMENTS RELIED ON BUT NOT IN POSSESSION OF THE PETITIONER :

NIL

10. CAVEAT : No notice of lodging a caveat by the opposite party is

received.
An affidavit in support of the writ petition is filed herewith.

JABALPUR
DATED : [MANOJ SANGHI]
COUNSEL FOR THE PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT
JABALPUR
Writ Petition No. ____________/2019

PETITIONER : Bhagat Singh Markam.

Versus
RESPONDENTS : State of M.P. and others.

DECLARATION

The copies as required by Rule 25 of Chapter X of the High Court of

Madhya Pradesh Rules, 2008 have been served upon the standing Counsel for

the __________________ at _______________ on ______________ in

Jabalpur.

JABALPUR
DATED : [MANOJ SANGHI]
COUNSEL FOR THE PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT
JABALPUR
Writ Petition No. ____________/2019

PETITIONER : Bhagat Singh Markam

Versus
RESPONDENTS : State of M.P. and others.
INDEX
S.No. Particulars of Documents Annexure Page No.
1 Index 1
2 Chronology of Events 2
3 Writ Petition under Article 226 of 3-
the Constitution of India with
affidavit.
4 List of Documents.
5 A Copy of the appointment order P-1
dated 16.01.1984
6 A copy of Circular dated P-2
18.10.2017.
7 A copy of representation dated P-3
08.05.2019.
8 Vakalatnama

JABALPUR
DATED : (MANOJ SANGHI)
ADVOCATE FOR PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT
JABALPUR
Writ Petition No. ____________/2019

PETITIONER : Bhagat Singh Markam

Versus
RESPONDENTS : State of M.P. and others.

LIST OF DOCUMENTS

S.No. Particulars of Documents Date of Original/ Page Nos.

Documents Copy

1 A Copy of the appointment 16.01.1984 Copy

order

2 A copy of Circular dated 18.10.2017 Copy

3 A copy of representation. 08.05.2019 Copy

JABALPUR
DATED : (MANOJ SANGHI)
ADVOCATE FOR PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT
JABALPUR
Writ Petition No. ____________/2019

PETITIONER : Bhagat Singh Markam.

Versus
RESPONDENTS : State of M.P. and others.

CHRONOLOGY OF EVENTS

S.No. Date Events

1 16.1.1984 Petitioner was appointed as Assistant Teacher.
The Hon'ble Court has passed order in W.A. No.

2 18.12.2008 346/2008 to extent the benefit of grant of regular pay

scale from initial appointment.

Similarly situated employees have got the benefit
3 27.9.2013
through W.P.No. 16318/2013(S).
The State Govt. has issued circular in pursuance of

4 18.10.2017 Hon'ble Apex Court's order to pay regular pay scale

from the date of initial appointment.

The petitioner has filed representation to grant

5 08.05.2019 benefit of regular pay scale from his initial

appointment, but nothing has been done so far.

JABALPUR
DATED : (MANOJ SANGHI)
ADVOCATE FOR PETITIONER

IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT

JABALPUR
Writ Petition No. ____________/2019

PETITIONER : Bhagat Singh Markam.

 Versus
RESPONDENTS : State of M.P. and others.

AFFIDAVIT
I, Bhagat Singh Markam, aged about 55 years, Son of Shri Munnalal
Markam, Working as Assistant Teacher, posted in the Middle School, Bilnagari,
Block Development Bijadandi, District - Mandla, R/o Mandla (M.P.) do hereby
make oath and state as under :-

1. That, I am filing the attached writ petition under Article 226 of the
Constitution of India before this Hon'ble Court.

2. That, the contents of paras 1 to end of the attached petition have been
drafted as per my instructions which has been read over and explained
to me in Hindi and I understood the same fully. The same are true to my
personal knowledge and belief.

JABALPUR
DATED : DEPONENT
VERIFICATION
I, Bhagat Singh Markam, the deponent, do hereby verify and sign on this
____ day of July, 2019 at Jabalpur, that the contents of paras 1 to 3 of this
affidavit are true to my personal knowledge and belief.

DEPONENT

IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT

JABALPUR

Writ Petition No. ____________/2019

PETITIONERS : Bhagwat Singh Tumrachi and others.

Versus

RESPONDENTS : State of M.P. and others.

Court fees is not paid online due to server down.

JABALPUR
DATED : (MANOJ SANGHI)
ADVOCATE FOR PETITIONERS

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IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT
JABALPUR
Writ Petition No. 2508/2019

PETITIONERS : Bhagwat Singh Tumrachi and others

Versus
RESPONDENTS : State of M.P. and others.

Adhivakta Kalyan Nidi (AKN) of Rs. 150/- is paid

JABALPUR
DATED : (MANO SANGHI)
ADVOCATE FOR PETITIONERS