IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 10^th OF MAY, 2022 WRIT PETITION No. 11643 of 2021 Between:-

1. RAMVISHAL SEN S/O SHRI S.N. SEN , AGED ABOUT 63 YEARS, OCCUPATION: TEACHER GOVT.P.S. PRAKASH BAMOHRI, BARIGARH, BLOCK GAURIHAR, DISTT. CHHATARPUR M.P (MADHYA PRADESH)

2. RAJENDRA PRASAD KHARE S/O SHRI N.N KHARE , AGED ABOUT 65 YEARS, OCCUPATION:

TEACHER GOVT. P.S DHAVARI WARD NO. 5 BARIGARH BLOCK GAURIHAR (MADHYA PRADESH)

3. RAM KISHORE KHANGAR S/O SHRI MAIYADEEN KHANGAR , AGED ABOUT 56 YEAR S , OCCUPATION: TEACHER GOVT. PRIMARY SCHOOL JYORAHA LOVEKUSH NAGAR (MADHYA PRADESH)

4. CHHEDALAL YADAV S/O SHRI SURAT SINGH YADAV , AGED ABOUT 56 YEARS, OCCUPATION: TEACHER GOVT. M.S MIDKA BAMHORI LOVEKUSHNAGAR DISTT. (MADHYA PRADESH)

5. RAM SWAROOP BHURJEE S/O SHRI RAM SAHODAR BHURJEE , AGED ABOUT 62 YEARS, OCCUPATION: TEACHER GVOT. P.S PERARI LOVEKUSHNAGAR DISTT. (MADHYA PRADESH)

6. RAM AUTAR SAHU S/O SHRI P.L SAHU , AGED ABOUT 56 YEARS, OCCUPATION: TEACHER GOVT. HR. SECO. SCHOOL MUDERI LOVEKUSHNAGAR DISTT. (MADHYA PRADESH)

.....PETITIONERS (BY SHRI PRAVEEN KUMAR VERMA, ADVOCATE FOR THE PETITIONERS)

Signature Not SAN Verified AND Digitally signed by APARNA TIWARI

1. THE STATE OF MADHYA PRADESH THR Date: 2022.05.11 PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT VALLABH BHAWAN BHOPAL M.P (MADHYA PRADESH)

2. COMMISSIONER COMMISSION PUBLIC INSTRUCTIONS SCHOOL EDUCATION DISTT.

BHOPAL (MADHYA PRADESH)

3. DIRECTORATE OF PUBLIC INSTRUCTION (DPI)

SCHOOL EDUCATION DEPARTMENT DISTT.

BHOPAL (MADHYA PRADESH)

4. DISTRICT EDUCATION OFFICER SCHOOL EDUCATION DEPARTMENT DISTT.

CHHATARPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SUBODH KATHAR, GOVERNMENT ADVOCATE FOR THE STATE)

This petition coming on for hearing this day, the court passed the following:

ORDER

In this petition under Article 226 and 227 of the Constitution of India, petitioner seeks following reliefs:

“i. That this Hon'ble Court may be pleased to quash the impugned order dated 01.01.2021 Annexure-P/1 and Annexure-P/11. ii. That therefore this Hon'ble Court may be pleased to issue a writ in the nature of mandamus directing the respondents department to count the qualifying service of the petitioners for purpose of pension from the date of intial adhoc appointment till their date of retirement and thereafter their pension be accordingly revised and released and the consequential arrears released with permissible interest.

iii. That any other writ or writs, order or orders, direction or directions thought just and proper may also be issued.â€​

The grievance of the petitioners is that he be treated in employment since the date of initial appointment i.e. from the year 1983 as has been extended to the similarly situated employees.

Similar issue has been decided by the coordinate Bench of this Court at Gwalior Bench in W.P. No.2430/2006 vide order dt.04.07.2019, wherein the following order was passed:

" In view of the aforegoing discussion and in the facts and circumstances of the case, respondents are directed to extend the benefit to the petitioner as has been extended to the similarly situated employee by counting period from 1981 to 1995 as per Fundamental Rules 17 for the purpose of treating the petitioners in employment and pass necessary order within a period of eight weeks from the date of receipt of certified copy of the order passed today. The petitioners shall also entitle for consequential benefits from that date. The consequential benefits be extended to the petitioners within a period of three months thereafter. The petition stands allowed to the extent indicated herein above. No order as to cost."

In view of the aforesaid, order dated 04.07.2019 passed in W.P.No.2430/2006 shall apply mutatis mutandis to this case with full force.

Parties to act accordingly.

A copy of order dated 04.07.2019 passed in W.P.No.2430/2006 be placed in the record of the present petition.

Learned Government Advocate is not in a position to dispute the correctness of this o