IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA &

HON'BLE SHRI JUSTICE ASHISH SHROTI

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ON THE 23 OF JANUARY, 2026 WRIT APPEAL No. 2033 of 2025 THE STATE OF MADHYA PRADESH AND OTHERS Versus HARIKESH JAYANT Appearance:

Shri Dharmendra Nayak- GA for the appellants/State.

Shri MPS Raghuvanshi- Senior Advocate with Shri Narrottam Sharma and Shri Jagjeet Kumar Das - Advocates for the respondent.

ORDER Per: Justice Ashish Shroti The appellants/State of M.P. has filed this writ appeal under Section

2(1) of M.P. Uchch Nyayalaya (Khand Nyaypeeth ko Appeal), Adhiniyam, 2005, challenging the order dated 14/5/2024 passed by learned Single Judge in W.P. No.2671/2015, whereby, the petition filed by respondent has been allowed and appellants/State has been directed to consider the past service of respondent for purposes of retiral benefits and fixation of pension. For the sake of convenience, respondent/employee hereinafter shall be referred to as 'petitioner' and appellants/State shall be referred to as "respondents" as per their respective status in writ petition.

2. Facts which are no more in dispute are that the petitioner was initially appointed as Assistant Teacher in School Education Department on

6/7/1976 and was posted at Govt. Primary School, Kanharpura, Seonda, District Datia. The PSC issued an advertisement dated 29/7/1984 inviting applications for filling up various Class II & III posts. Being inclined to participate in exam, petitioner made an application, dated nil, to the District Education Officer, Datia seeking permission to appear in the examination for the year 1984-85 & 1985-86 (Annexure P/2). The application was forwarded with recommendation by the Headmaster of the School to DEO, Datia. From the application, dated 24.05.1986, it is gathered that the petitioner successfully participated in the exam for 1984-85 and was called to appear for interview. Further, before appearing for interview, he was asked to submit NOC from the department. The petitioner obtained NOC from the department on 11.04.1986 (Annexure P/21) and accordingly appeared for interview on 29.04.1986. The petitioner was selected for appointment on the post of Area Coordinator.

3. The petitioner was accordingly appointed on the post of Area Coordinator in Tribal Welfare Department and was posted at Satna vide order dated 9/11/1987 (Annexure P/4). The petitioner was thereafter relieved by the District Education Officer, Datia for submitting joining on the post of Area Coordinator vide letter dated 26/11/1987 (Annexure P/5) and accordingly, the petitioner submitted his joining before Collector, Satna on

27/11/1987 (Annexure P/6).

4. The petitioner had also participated in examination of 1985-86 conducted by the PSC. He was selected for appointment on the post of Naib Tehsildar vide order dated 29/2/1988. The NOC for this purpose was issued by DEO, Datia vide letter, dated 10.12.1986, (Annexure P/3). The last date fixed for submitting joining by selected candidates on the post of Naib Tehsildar was 31/3/1988. A copy of this order was endorsed to District Education officer, Datia with a request to relieve the petitioner. The petitioner's name finds place at serial no.48. Accordingly, the petitioner requested the Additional Commissioner, Tribal Welfare Department for his relieving vide application dated 24/3/1988 (Annexure P/7). The application was forwarded by District Coordinator to Commissioner, Tribal Welfare on 29/3/1988 with an observation that looking to the short period allowed for joining, petitioner be relieved as per law. The petitioner submitted his joining on the post of Naib Tehsildar on 31/3/1988 (Annexure P/9).

5. The petitioner was asked by the Commissioner, Tribal Welfare Department, Bhopal vide letter dated 8/5/1988 (Annexure P/17) that he should tender his resignation for submitting joining on the post of Naib Tehsildar. This letter was written in reference to the petitioner's request for relieving made vide a