Puran Singh Bhadoriya vs The State Of Madhya Pradesh
2021 Latest Caselaw 8525 MP

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       THE HIGH COURT OF MADHYA PRADESH
                  W.P. No.26321/2021
         Puran Singh Bhadoriya Vs. State of M.P.

Gwalior Bench:
Dated :09.12.2021

      Shri Devesh Sharma, learned counsel for the petitioner.

      Shri Jitesh Sharma, learned Govt. Advocate for the
respondents/State.

The present petition has been filed challenging the order dated 19/5/2017 passed by respondent No. 2, whereby representation submitted by the petitioner in compliance of the order passed by this Court dated 13.08.2015 in W.A. No. 2000/2015 has been rejected on the ground that during the examination of the legacy of the appointment order of the petitioner, the permanent classification was not found to be intact because the permanent classification order was canceled in the year 2011 itself.

It is pointed out that the issue involved is squarely covered and settled by Hon'ble Supreme Court in the case of Ram Naresh Rawat Vs. Ashwani Naik & others, (2016) 8 SCC 733 and considering the aforesaid judgment, several petitions have been disposed of by the Hon'ble Supreme Court even by Division Bench of this Court.

Considering the aforesaid analogy and orders passed by several benches of this Court in several writ petitions, this Court has passed W.P. No. 4018/2020 in the case of S. Kamta Prasad Vs. State of M.P. & others decided on 26.08.2021, wherein a bunch of petitions was decided and it was observed that the law with respect of classification of employees have been settled up to the Hon'ble Supreme Court.

Counsel appearing for the State could not refuse the aforesaid

THE HIGH COURT OF MADHYA PRADESH W.P. No.26321/2021 Puran Singh Bhadoriya Vs. State of M.P.

facts and fairly submitted that after passing of the judgment in the case of Kamta Prasad (supra), the matter was considered by the State Government and sanction from finance department has been given for making payment of the arrears of the classified employees. He fairly submits on instructions that the order impugned is contrary to the judgment passed by the Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Rai and Others reported in 2016 (8) SCC 733 as well as the judgment passed by this Court in the case of Kamta Prasad (supra), therefore he fairly submits that the order may be set aside and some breathing time be granted to the authorities to comply with the directions in view of the affidavit submitted by the Executive Engineer in the present case.

Prayer appears to be reasonable.

Looking to the overall facts and circumstances of the case and the affidavit filed by the Executive Engineer in the matter as he is undertaking to comply with the order passed by this Court within a short time and arrears will be paid to the petitioner, the order passed by the Authorities (Annexure P/1) dated 19/5/2017 does not sustain the judicial scrutiny and is hereby quashed. Authorities are directed to restore the position of the petitioner as a classified employee and are directed to make the payments of arrears to the petitioner within a period of one month from today, failing which the arrears so calculated will carry an interest @ 8% per annum till the date of its realization.

ALOK KUMAR
2021.12.13
17:03:18                                                   (Vishal Mishra)
+05'30'                                                         Judge
         AKS