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. 11624 of 2021 Between:-

1. SUKHNANDAN DHOBI S/O SHRI BHAN KUMAR DHOBI , AGED ABOUT 67 YEARS, OCCUPATION: RETD. ASST. TEACHER GOVT. P.S. BAPROULL VILL. KENATILA DIST. NIWARI MP (MADHYA PRADESH)

2. PANNALAL AHIRWAR S/O SHRI MANTU AHIRWAR , AGED ABOUT 63 YEARS, OCCUPATION: RETD. ASSTT. TEACHER GOVT.

P.S AJOKAR DISTT. (MADHYA PRADESH)

3. MANOHAR LAL AHIRWAR S/O SHRI MANSUKH AHIRWAR , AGED ABOUT 62 YEARS, OCCUPATION: ASSTT. TEACHER GOVT. P.S RANSAGRA (MADHYA PRADESH)

4. AYODHYA PRASAD LODHI S/O SHRI P.L LODHI , AGED ABOUT 62 YEARS, OCCUPATION: ASSTT. TEACHER GOVT. P.S BHAMOURI KALA (MADHYA PRADESH)

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

AND

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY SCHOOL EDUCATION DEPT. VALLABH BHAWAN BHOPAL (M.P.)

(MADHYA PRADESH)

2. COMMISSIONER COMMISSION PUBLIC INSTRUCTIONS SCHOOL EDUCATION DISTT.

BHOPAL (MADHYA PRADESH)

Signature Not SAN 3. DIRECTOR DIRECTORATE OF PUBLIC Verified INSTRUCTION (DPI) SCHOOL EDUCASTION Digitally signed by DISTT. BHOPAL (MADHYA PRADESH)

APARNA TIWARI Date: 2022.05.11

4. DISTRICT EDUCATION OFFICER SCHOOL EDUCATION DEPARTMENT DISTT. BHOPAL (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:

"€œi. That this Hon'ble Court may be pleased to quash the impugned order dated 01.01.2021 Annexure-P/1 and order dated

22.12.2020 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."

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 order.

(VIVEK AGARWAL)

JUDGE AT