WRIT PETITION 19096 of 2023 on 23 January 2009

ORDER

1. By this petition, filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

"(i) That, respondents may kindly be directed to release benefit of I, II and III time pay scale to thepetitioner from the due date i.e. completion of 10, 20and 30 years in service respectively.

(ii) That, respondent may kindly be further directedto release aforesaid benefit alongwith the interest tothe tune of 9% PA from the due date to actual daterealization.

(iii) That, cost of the litigation to the tune ofRs.25,000/- be also directed to be paid.

(iv) Any other relief which this Hon'ble Court deemsfit in the facts and circumstances of the case mayalso kindly be granted."

2. At the outset, learned counsel for petitioner referred the judgment of this Court passed in the case of Tejulal Yadav v. State of M.P. and others reported in ILR (2009) M.P. 1326 decided on 23.1.2009 and seeks parity. Itis further submitted that said judgment has been passed on placing relianceupon the earlier judgment passed in the case K. L. Asre v. State of M.P.passed on 7.11.2005 in Writ Petition (S) No.1070/2003.

3. According to the counsel for petitioner, the State Government issued a circular dated 21.9.2016 granting the benefit to the work charge contingencypaid establishment employees with effect from 1.1.2016. However, executiveinstructions issued by the State Government cannot supersede the judgmentdelivered by this court, which attained finality and, therefore, the executiveinstructions issued by the State Government to the extent that cut-off date hasbeen fixed has been quashed. Therefore, petitioner is entitled for allconsequential benefits.

4 . Learned counsel for respondents opposed the prayer but howevercould not dispute the facts.

5 . Considering the submissions made by counsel for the parties, this

petition is disposed of with a direction that the petitioner is also entitled for thesame benefit as other similarly placed employees like Tejulal Yadav, K. L.Asre and Gendalal, etc. (petitioners in Writ Petition No.461/2018) and thejudgment passed in those orders would apply mutatis mutandis in the case ofpetitioner. He shall be entitled for monetary benefits and arrears for the saidperiod. Exercise of passing an appropriate order granting the benefit beconcluded within a period of six months from the date of receipt of certifiedcopy of this order.

6. With the above, this petition stands disposed of.

Rashid

(ANAND PATHAK)JUDGE