Manoj Kumar Upadhyay vs The State Of Madhya Pradesh Through Its Principal Secretary
- Court
- Madhya Pradesh High Court
NEUTRAL CITATION NO. 2026:MPHC-GWL:33909
1 WP-41297-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT
th
ON THE 4 OF NOVEMBER, 2026
WRIT PETITION No. 41297 of 2026
CNR No.: MPHC030276192026
MANOJ KUMAR UPADHYAY
Versus
THE STATE OF MADHYA PRADESH THROUGH ITS PRINCIPAL
SECRETARY AND OTHERS
Appearance:
Shri Neelesh Singh Tomar - Advocate for the petitioner.
Shri K.S. Tomar - Govt. Advocate for the respondents/State.
ORDER
The present petition has been filed u/Art. 226 of the Constitution
praying for the following reliefs:-
"7.4 That, respondent authority may kindly be directed to
consider the case of petitioner and grant the benefit of two
advance increment in the light of original application
727/2002(Smt. Lata Mittal & Others V/s State Of M.P.&
others) petitioner is one of the petitioner in that original
application wide order dated 06.11.2002.
7.5 That, respondent authorities may kindly be directed to
decide the pending representation forthwith.
7.6 That, other relief doing justice including cost be ordered."
2. Learned counsel for the petitioner submitted that the petitioner was
appointed as a UDT vide order dated 24.09.1993. It is further submitted that
the petitioner had completed her B.Ed. degree at his own expense in the year
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 11/5/2026
10:36:47 AM
NEUTRAL CITATION NO. 2026:MPHC-GWL:33909
2 WP-41297-2026
1992. Thereafter, the respondent department issued a circular dated
24.12.1998, providing two advance increments to employees who had
obtained B.Ed./B.T.C. qualifications at their own expense.
3. Learned counsel further submitted that, as the aforesaid benefit was
not granted to the petitioner, he, along with other similarly situated persons,
filed Original Application No. 727/2002 (Smt. Lata Mittal and Others Vs.
State of M.P. and Anr.) before the State Administrative Tribunal. The said
O.A. was allowed vide order dated 06.11.2002.
4. It is further submitted that the order dated 06.11.2002 has not been
challenged by the State Government before this Court or the Apex Court
and, therefore, it has attained finality. The petitioner has also submitted a
representation seeking compliance with the said order, but the respondents
have not extended the benefit to her.
5. Learned counsel for the petitioner further submitted that, as the
State Administrative Tribunal has been abolished and the order dated
06.11.2002 has not been implemented, the petitioner has no other efficacious
remedy except to approach this Court. It is also submitted that no contempt
petition can now be filed, as the limitation for initiating contempt
proceedings is one year. Learned counsel, therefore, prayed that the
respondents be directed to comply with the order dated 06.11.2002 and
extend the benefits granted therein within a stipulated period.
6. Per contra, learned Government Advocate opposed the petition and
submitted that the same has been filed after considerable delay. It is further
submitted that the petitioner did not initiate contempt proceedings at the
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 11/5/2026
10:36:47 AM
NEUTRAL CITATION NO. 2026:MPHC-GWL:33909
3 WP-41297-2026
relevant time.
7. Heard learned counsel for the parties and perused the record.
8. It is not disputed that the order dated 06.11.2002 passed by the State
Administrative Tribunal in O.A. No. 727/2002 has not been challenged by
the respondents before this Court or the Apex Court.
9. The petitioner has also pointed out that the benefit has been
extended to similarly situated employees who were initially appointed along
with him, including Shivveer Singh Bhadoria, vide order dated 21.03.2025.
10. The relevant part of order dated 06.11.2002 passed by the State
Administrative Tribunal in O.A. No. 727/2002 reads as under for ready
reference and convenience.
"2. The cases are squarely covered by order dt. 18.1.02
passed in 0.A.1337/01. For the reasons given in the aforesaid
order, it is held that all the applicants are entitled to two
advance increments from the date of passing the B.Ed./B.T.I.
examination. Their pay should accordingly be refixed, and
arrears paid within three months of the receipt of this order
by respondents. If this is not done, interest at the rate of 8%
per annum shall be payable on the arrears from the date of
this order. The respondents shall be free to recover the
additional financial liability on account of interest from the
Government official who may be responsible for the delay in
payment. It is clarified that payment of interest will not be a
defence if any contempt action is brought for non-payment
within the time limit.
No cost."
11. Considering the aforesaid facts, the order dated 06.11.2002 passed
by the State Administrative Tribunal in O.A. No. 727/2002, and the fact that
the same benefit has already been extended to a similarly situated employee,
namely, Shivveer Singh Bhadoria, the respondents are directed to comply
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 11/5/2026
10:36:47 AM
NEUTRAL CITATION NO. 2026:MPHC-GWL:33909
4 WP-41297-2026
with the directions issued by the Tribunal and extend the admissible benefits
to the petitioner within a period of two months from the date of receipt of a
certified copy of this order.
12. Pending IA(s), if any, stands disposed of.
(ANAND SINGH BAHRAWAT)
JUDGE
vpn/-
Signature Not Verified
Signed by: VIPIN KUMAR
AGRAHARI
Signing time: 11/5/2026
10:36:47 AM