ORDER 1. The petitioner has filed the present petition seeking absorption in the cadre of Gram Sahayak w.e.f. 4.9.1996. 2. Vide resolution dated 4.9.1991, the Gram Panchayat Dhoswas recommended for the appointment of the petitioner on the post of Assistant Secretary in the Gram Panchayat. Vide order dated 11.6.1992 the Administrator approved approved the appointment of the petitioner. Vide order dated 31.12.1996 he was notified as Secretary of Gram Panchayat. Some of the Assistant Secretaries approached the M.P. Administrative Tribunal by way of T.A. No.1521/1988 seeking absorption to the post of Gram Sahayak. The Administrative Tribunal vide order dated 18.3.1992 considered their claim and directed the State to consider the case on individual merits before taking further action for direct recruitment. In compliance of the aforesaid order, the Assistant Secretaries who approached the Tribunal were absorbed in the cadre of Gram Sahayak. The claim of the present petitioner was not considered because he was appointed on 11.6.1992 i.e. after the order passed by the Tribunal on 18.3.1992. However, the State Government came up with the policy dated 25.8.1994 to absorb the Assistant Secretaries to the post of Gram Rojgar Sahayak in compliance of the order passed by the Tribunal. Since the appointment of the present petitioner was between the date on which the Tribunal passed the order and the date on which the State Government issued the policy, therefore, vide order dated 11.11.2010 his claim was rejected. Hence, the present petition before this Court. After notice, the respondents have filed the reply in support of the impugned action. 3. The petitioner has filed the rejoinder and along with the rejoinder a copy of order dated 9.10.2012 passed by this Court at Gwalior Bench in W.P. No.5359/2010, in which, in similar facts and circumstances the writ petition was allowed with a direction to absorb the petitioner therein viz. Rajendra Singh Jadon w.e.f. 19.11.1994. The order is reproduced below : “09/10/2012: …................... Heard. The petitioner has filed this petition against the order Annexure P/1 dated 4.3.2010. The petitioner was appointed as Assistant Secretary of the Gram Panchayat Bhonti after facing the selection procedure on 19.11.1994. The Deputy Director, Panchayat also approved the appointment of the petitioner vide order dated 3.1.1995. The order is reproduced below : “09/10/2012: …................... Heard. The petitioner has filed this petition against the order Annexure P/1 dated 4.3.2010. The petitioner was appointed as Assistant Secretary of the Gram Panchayat Bhonti after facing the selection procedure on 19.11.1994. The Deputy Director, Panchayat also approved the appointment of the petitioner vide order dated 3.1.1995. The Government had taken the services of the Panchayat Secretaries in the State Government Services and the case of the petitioner was also sent for absorption, however, vide impugned order, the petitioner was declared ineligible for absorption on the ground that the petitioner was appointed after 18.3.1992. The respondents in the return pleaded that the petitioner was appointed in the year 1994 after passing an order by the Court, hence, the petitioner was not eligible for absorption. The aforesaid point has already been considered by this Court in W.P.No.4399/2005(S) (Manohar Khede and others v. State of M.P. and others) and this Court has observed as under:- "8. In view of the aforesaid undisputed factual position that Govind Sharma is at par to the case of petitioners. However, there is no reason to take the different view in the present case from the case of Govind Sharmanas per Annexure P/12. I am also of the view, that once an employee of the department has been given the henefit of abumption, without challenging the order Annexure P/2 passed by this Court Therefore, to maintain the consistency to the orders of the Bench of this Court, similar directions deserves to be issued. From the facts, it is apparent that the appointments in the case of Govind Sharma were after 22.8.94 and prior to the date of declaring the post Gram Sahayak in dying cadre on 12.9.95 and the Govind Sharma was absorbed as Gram Sahayak. In the present case also, the appointment of petitioners is after 22.8.94 and prior to declaring the post of Gram Sahayak in dying cadre i.e. on 12.9.95. Therefore, this petition is identical to the facts of the Govind Sharma (supra) and deserves to be allowed. In the present case also, the appointment of petitioners is after 22.8.94 and prior to declaring the post of Gram Sahayak in dying cadre i.e. on 12.9.95. Therefore, this petition is identical to the facts of the Govind Sharma (supra) and deserves to be allowed. Against the aforesaid order, a writ appeal was filed, which was registered as W.A.No. 324/2007 and the Division Bench of this Court vide order dated 10/11/2008 dismissed the writ appeal with the following observations:- "The appellant, State being aggrieved by the order dated 13.10.2006 passed in W.P. No.4399/2005(S) directing absorption of the respondent (original petitioner), has come to this Court with a submission that the cadre of Gram Sahayak was declared as a dying cadre. The order for absorption could not be passed. From the order passed by learned Single Judge it would clearly appear that the persons who are identically situated were directed to be absorbed under the directions of this Court. The appellant has not made out any case to distinguish the case of the present petitioner from the case of those who have received the benefits. We find no reason to interfere. The appeal is dismissed." From the perusal of the observations of the learned Single Judge and the Division Bench, it is clear that a person who was appointed prior to the date of declaring the post of Gram Sahayak as dying cadre, is entitled to the benefits of absorption. In the present case, the petitioner was appointed as Assistant Secretary with effect from 19.11.1994 prior to declaring the post as dying cadre. In such circumstances, the petitioner is entitled the benefit of absorption. Consequently, the petition is allowed. The impugned order Annexure P/1 dated 4.3.2010 is hereby quashed. The respondents are directed to absorb the petitioner on the post of Gram Sahayak from the date of his initial appointment i.e. with effect from 19.11.1994 and he be given all the consequential benefits accordingly, The order be complied with within a period of three months from the date of receipt of a copy of this order. No order as to costs.” The Government filed W.A. No.131/2013 which was dismissed on 3.5.2013. Thereafter, SLP (C) 38029/2013 and R.P. (C) No.1941/2014 were also dismissed. Vide order dated 8.2.2017 Mr. Rajendra Singh Jadon has been absorbed as Gram Sahayak in the pay-scale of Rs. 5200- 20-2000-2400/-. 4. No order as to costs.” The Government filed W.A. No.131/2013 which was dismissed on 3.5.2013. Thereafter, SLP (C) 38029/2013 and R.P. (C) No.1941/2014 were also dismissed. Vide order dated 8.2.2017 Mr. Rajendra Singh Jadon has been absorbed as Gram Sahayak in the pay-scale of Rs. 5200- 20-2000-2400/-. 4. After hearing the learned counsel for the parties, I found that the case of the present petitioner is identical to Rajendra Singh Jadon who was also appointed after the order passed by the Tribunal and before the date of issuance of the policy by the State Government. Admittedly, the post of Assistant Secretary is no more now and the Assistant Secretaries appointed in the Gram Panchayats had been absorbed as Gram Sahayak (now Panchayat Coordinator Officer). 5. In view of the foregoing, this petition is allowed. The order dated 9.10.2012 passed in W.P. No.5359/2010 shall apply mutatis mutandis in the present case. The petitioner be absorbed on the post of Gram Sahayak from the date of his initial appointment i.e. w.e.f. 4.9.1996 with all consequential benefits. Let the whole exercise be completed within a period of 90 days from the date of receipt of certified copy of this order.