IN THE HIGH COURT OF MADHYA PRADESH

PRINCIPAL SEAT AT JABALPUR

CONC. NO. 1608 OF 2022

PETITIONER - SHAMBHU DAYAL CHAUDAHA

VERSUS

RESPONDENT - SHRI HARISH CHANDRA DWIVEDI

APPLICATION/PETITION/REJOINDER ON BEHALF OF PETITIONER

Most Respectfully Showeth:

1. The Petitioner filed a WP 12396 of 2020 before the Hon’ble Court, aggrieved to the
improper execution of the State Government Order in lieu of granting benefit of third
time scale of pay on completion of 30 years of service. The said copy of the WP is
attached herewith at Annexure A.
2. That upon hearing the above mentioned petition, the Hon’ble High Court vide order
dated 22.10.2020 ordered the Respondent No. 4, to consider the and decide the
representation of petitioner by passing a reasonable and speaking order preferably
within 30 days from the date of receipt of the certified copy of the said order. The
said order is attached herewith at Annexure B.
3. That in lieu of non-compliance of the said order of the Hon’ble High Court, the
Petitioner filed the present Contempt Petition before the Hon’ble Court.
4. That in response to the Contempt Petition, the Respondent submitted their reply
before the court seeking apology on their part for their act and omission and to
discharge them from the said contempt. The said reply has been attached herewith at
Annexure C.
5. That, however, the respondent wrote a letter dated 16.08.2021 to the Commissioner,
Department of Treasury and Accounts (M.P.), addressing the relevant facts and
circumstances and asking the said Department to comply as per the directions of
Hon’ble High Court in WP 12396 of 2020 vide order dated 22.10.2022. The copy of the
letter is attached herewith as Annexure D.
6. That Mr. Dhirendra Chaturvedi, Superintendent, Directorate of Public Instruction
(M.P.) wrote a letter dated 26.04.2022 to the District Education Officer regarding the
 incompetence of the said department in complying with the directions of the Hon’ble
High Court’s order dated 22.10.2020 as the competent authority to take any decision
in this regard and matter is the Department of Treasury and Accounts. A copy of the
said letter is attached herewith at Annexure E.
7. That the petitioner continuously moving from one department to other seeking his
rightful pay and benefits which he has been deprived of due to his posting in a
remote area of a rural settlement and the said relevant government order failed to
reach to the aggrieved petitioner in due time. The petitioner however sought relief
from the Hon’ble Court mentioning the relevant parties as respondent whereas, the
Department of Treasury and Accounts, who is the sole competent authority in this
regard, has remained silent ab intio, stating that no court order directed them to
comply with any direction in the given matter.
8. Grounds:
a) That the actions of the relevant parties are ex-facie, erroneous,
unreasonable, capricious, unfair and arbitrary and violation to the
principles of natural justice and equity.
b) That the petitioner is aggrieved from the arbitrary actions of the
relevant Respondents in the Writ Petition as they are depriving
the fair opportunity and rightful benefits to the Petitioner.
c) That more than 3 years has been passed and the petitioner is
deprived of his right to avail benefits due to lack of infrastructure
and resources available in his are of settlement for which the
respondents and relevant authorities are solely responsible.
d) That the present application/reply does not suffer from delay or
laches.
e) That in the event the said relief are not granted to the petitioner,
then irreparable harm and injury may be caused to the petitioner.
f) That the balance of the convenience lies in favour of the petitioner.
g) That the offices of the Respondents are located within the
territorial jurisdiction of this Hon’ble Court and that all part of the
cause of action has taken place within the territorial limits of this
Hon’ble Court and hence this Hon’ble Court has jurisdiction to try
and entertain the present matter.
9. Prayers:
In light of the aforesaid, the petitioner humbly prays that this Hon’ble Court
be pleased to:
a) Pass appropriate order directing the Department of Treasury and
Accounts to take cognizance in the matter to comply as per the relevant
facts, procedures and circumstances.
b) Pass appropriate order issuing appropriate writ of the mandamus and/or
any similar writ to direct and/or command the appropriate authority to
enable the respondent getting their rightful benefits without any further
delay.
c) Any other order as this Hon’ble Court deems fit.

__________________

PETITIONER
 IN THE HIGH COURT OF MADHYA PRADESH

PRINCIPAL SEAT AT JABALPUR

CONC. NO. 1608 OF 2022

PETITIONER - SHAMBHU DAYAL CHAUDAHA

VERSUS

RESPONDENT - SHRI HARISH CHANDRA DWIVEDI

AFFIDAVIT IN SUPPORT OF THE PETITION/APPLICATION/REPLY

I, Mr. Shambhu Dayal Chaudaha, Age: ___, Adult, resident of

_________________________________ do hereby solemnly declare that I am familiar with
facts and circumstances and all the averments in this Petition/Application/Reply and
further say that what is stated in Paragraph 1 to __ for the foregoing
Petition/Application/Reply is true to my knowledge and belief, and is based on information
and belief, and are true and correct. The paragraph __ is the prayer clause.

Solemnly Affirmed at Jabalpur )

This ____ day of January 2023 )

Deponent