LAWS(MPH)-2013-12-274

SUSHILA SHRIVASTAVA AND OTHERS Vs. STATE OF MP

Decided On December 13, 2013
Sushila Shrivastava And Others Appellant
V/S
STATE OF MP Respondents

JUDGEMENT

(1.) Heard on the question of admission. The petitioners, who are the Assistant Teachers have filed this petition claiming the benefit of regular pay scale from the date of regular appointment in the light of the order passed by the Division Bench at Indore Bench of this Court, in W.A. No. 346/2008 (Smt. Usha Ranawat v. State of M.P. and others), dated 18-12-2008. By the aforesaid order passed, more than 25 writ appeals claiming similar benefits were decided and it was directed that the benefit of pay fixation in the regular pay scale from the date of regular appointment shall be given to the petitioners therein. In fact the Division Bench has upheld the orders passed by the learned Single Judge in various cases and while deciding the writ appeals in para-19 the following directions were issued by the Division Bench:

(2.) However, on going through the petition filed by the petitioners, it is observed that though the petitioners have claimed similar benefits as has been granted in the case of Usha Ranawat , they have not mentioned the date on which they were regularly appointed and therefore, the respondents would have to examine the nature of appointment in each individual case on the basis of the facts obtaining in respect of that individual particularly in view of the fact that the benefit of the decision of this court rendered in the case of Usha Ranawat can be extended only in case the person is identically situated and has been given "regular appointment" on fixed pay, as was done in the case of Usha Ranawat .

(3.) It is, however, observed that the petitioners have directly approached this Court without filing any representations before the authorities.