IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI

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ON THE 10 OF FEBRUARY, 2026 WRIT PETITION No. 15233 of 2024 DR. K.K. TIWARI Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Prashant Sharma - learned counsel for the petitioner.

Shri K.K. Prajapati- learned Government Advocate for the respondents/State.

Shri Surya Pratap Singh- learned counsel for respondent no.4.

ORDER

1. The petitioner has filed this writ petition challenging order dated

16/02/2024 (Annexure-P/1), whereby the Additional Director, Higher Education Department, Gwalior-Chambal Division has held that the petitioner has failed to establish his attendance in the Collage for the period from December' 2017 to July' 2018 and, therefore, he is not entitled for payment of salary for the said period. The petitioner also prayed for direction to the respondents to release his salary for the aforesaid period.

2. The facts, in short, necessary for decision of this case are that the petitioner was working as Sports Officer in Government Degree Collage, Alampur, District- Bhind/respondent no.3 (hereinafter referred as 'College'). He claims payment of salary from December' 2017 to July' 2018 on the ground that he had regularly attended the Collage but because of his personal grudge against the petitioner, the then Principal-respondent no.4 has not allowed him to mark his attendance. The petitioner, therefore, claims that he should be paid salary for the period from December' 2017 to July' 2018. 3. Without going into various facts in detail, it is sufficient to note here that the petitioner had earlier approached this Court claiming the same relief in W.P. No.14701/2019. This Court was of the view that the matter involves factual disputes and, therefore, the same could not be decided in the writ petition. The matter was, therefore, relegated to the Regional Director, Higher Education Department, Gwalior for conducting fact finding enquiry based upon the documents placed before this Court in the writ record with regard to presence/absence of the petitioner for the period in question. The observation/direction of this Court are as under:-

“After going through the aforesaid letter, this Court finds that in absence of the original attendance register it would be difficult to verify/ascertain as to whether the petitioner was present on duty for the period from December, 2017 till July, 2018 and the relief claimed of payment of salary for the aforesaid period, at this juncture cannot be granted to the petitioner.

In the obtaining facts and circumstances, this Court deems it fit to direct the Regional Director, Gwalior Region, Higher Education to conduct a fact finding enquiry based upon the documents placed before this Court by the parties with regard to the presence/absence of the petitioner from duty for the period from December, 2017 till July, 2018 and, thereafter, pass necessary and reasoned order with regard to entitlement of payment of salary to the petitioner for the aforesaid period, if he is found present on those date or work.”

4. Thus, this Court has already expressed its opinion that the factual dispute as to whether the petitioner worked for the period from December'

2017 to July' 2018 in the College is not determinable in writ petition.

5. In compliance of the Court order, the enquiry has been conducted by the Additional Director of the Department and a speaking order has been passed on 16/02/2024. The Additional Director has considered the documents filed by the petitioner in the earlier writ petition and has rendered his finding on each document. He has found that based upon the document, it cannot be held that the petitioner worked for the period from December'

2017 to July' 2018.

6. Now, the petitioner disputes the findings record in the impugned order. Admittedly except the documents which were placed in the earlier writ petition, no other material is produced by the petitioner either before the Additional Director or in t