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Judgment
Anand Pathak, J
The instant petition has been preferred by petitioners under Article 226 of the Constitution seeking following reliefs:
(a) Issue a writ in the nature of mandamus directing the respondent to grant benefit of permanent classification as per the scheme under circular dated 07.10.16 and the consequential benefits of increased pay and arrears be also given as per the scheme.
(b) Issue any other writ, order or direction as this Hon'ble Court deems fit.
It is the submission of learned counsel for petitioners that issue in hand has already been decided in the case of Anis Ahmed Khan Vs. State of Madhya Pradesh in W.P. No.12162/2018 vide order dated 21.11.2019 in which case of similarly placed employee (Section Writer) has been allowed and respondents were directed to restore the benefit to the petitioner. Said order has been put to challenge before the learned Division Bench and vide order dated 07.03.2022 in Writ Appeal No.238/2022 preferred by State of Madhya Pradesh got dismissed and order of learned writ court was affirmed. Thereafter, matter went into the SLP and vide order dated 28.11.2022, S.L.P. 21331-21332/2022 preferred by State of Madhya Pradesh was dismissed. Therefore, matter attained finality.
Learned counsel for respondent fairly submitted that the said dispute is no longer res integra.
Considering the submissions and looking to the finality attached to the dispute, this petition is allowed and the respondents are directed to grant permanent status to petitioners as per policy dated 07.10.2016 within a period 60 days from today. Petitioners shall also be entitled to the benefits pursuant to grant of permanent status vide policy dated 07.10.2016.
Petition stands allowed and disposed of in above terms.