Madhya Pradesh High Court
Gulab Singh Sen vs The State Of Madhya Pradesh on 10 December, 2021
Author: Vishal Mishra
1
HIGH COURT OF MADHYA PRADESH
W.P. No. 27293/2021
(Gulab Singh Sen vs State of M.P. & Ors.)
Gwalior, Dated : 10.12.2021
Shri S.S. Rawat, learned counsel for the petitioner.
Shri Jitesh Sharma, learned Government Advocate for
respondents/State.
The present petition has been filed challenging the order dated
08/5/2017 passed by respondent No. 3, whereby representation
submitted by the petitioner in compliance of the order passed by this
Court dated 24.08.2016 in W.P. No. 5874/2016 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
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 similar matters.
Prayer appears to be reasonable.
As the State counsel has fairly submitted that the matter is
squarely covered, in such circumstances, the petition is disposed of in
terms of the order passed in WP No.26321/2021 and the order
impugned Annexure P/1 dated 08/5/2017 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
17:04:30 (Vishal Mishra)
+05'30' Judge
AKS
