CHANDRAPAL SINGH SENGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following relief:-

(2.) The necessary facts for disposal of the present petition in short are that the petitioner had filed W.P. No. 570/1997 seeking the revision of pay scale which is being paid to the Principal of Government Higher Secondary School. The said writ petition was finally disposed of by order dated 03.01.2001 with a direction to the respondents to take a decision within a period of four weeks from the date of communication of the order. It appears that thereafter the petitioner did not take any step. However, it appears that one D.P. Shrivastava filed a writ petition before the Principal Bench of this Court which was allowed by order dated 28.11.2006 and it was held that the petitioner therein, is entitled for the pay scale of 2375-4125, i.e., which was being paid to the Principal, Government School. The order passed by the Single Judge was challenged by the State by filing W.A. No. 571/2008 and the said writ appeal was dismissed by order dated 05.08.2008. The order passed by the Writ Appellate Court was challenged by the State of M.P. by filing Special Leave to Appeal (Civil) No. 26211/2008 which too was dismissed by order dated 10.11.2008.

(3.) The present petition has been filed on 06.01.2020 seeking the benefit of the order passed in the case of D.P. Shrivastava (supra). It appears that the petitioner maintained silent and did not file application for contempt of Court as the case of the petitioner was not decided by the respondents in compliance of the order dated 03.01.2001 passed by this Court in W.P. No. 570/1997. It appears that on 13.03.2015, 24.01.2016, 23.10.2016, 29.11.2016 as well as 29.04.2017, some representations were made by the Madhya Pradesh Teacher Union for grant of benefit of the judgment passed in the case of D.P. Shrivastava (supra). It is submitted by the counsel for the petitioner that neither the representations have been decided nor any final decision in compliance of the order dated 03.01.2001 passed in W.P. No. 570/1997 has been taken. The petitioner has obtained the order-sheets under the RTI Act and it appears that the claim of the petitioner is still pending before the authorities.