LAWS(MPH)-2013-2-27

ASHOK SHARMA Vs. STATE OF M.P.

Decided On February 12, 2013
ASHOK SHARMA Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) BY filing this petition under Article 226 of the Constitution, the petitioners have prayed for grant of same pay-scale for which they were entitled prior to their absorption along with interest. They have also prayed for setting aside the orders Annexures-P/1, P/2 & P/3.

(2.) THIS is second visit of the petitioners to this Court. Earlier petitioners filed W.P. No. 4412/2005 (s) and W.P.No. 4913/05(s). In the said cases, it was prayed that similarly situated employees have succeeded from the Principle Seat in W.P.No. 6850/2000 (N.K. Rai and others Vs. State of M.P. and another). It is stated that being similarly situated, they are entitled for the same benefits. The aforesaid petitions of present petitioners were disposed of by orders dated 14/10/2005 and 18/11/2005 Annexure-P/12. This Court opined that petitioners may file the certified copy of the order and in turn, the respondents shall consider the case of the petitioners and grant them the identical benefits as was granted to other employees in pursuant to the order dated 28/01/2004 passed in W.P.No. 6850/04 ( N.K. Rai's case).

(3.) PER Contra, Ms. Patankar learned Government Advocate supported the orders impugned and submits that petitioners are not entitled for any parity.