Bharat Singh Bhuriya vs The State Of Madhya Pradesh
2021 Latest Caselaw 8693 MP

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                                     HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                                                        W.P. No.27377/2021
                                Bharat Singh Bhuriya S/o Dubliya Bhuriya Vs. State of M.P. & Others

                                Indore, Dated:- 13/12/2021

                                        Shri Shailendra Shrivastava, Counsel for the petitioner - Bharat

                                Singh Bhuriya S/o Dubliya Bhuriya.

                                        Shri Siddharth Jain, Govt. Advocate for the respondent/State.

1. Heard.

2. By this petition preferred under Article 226 of the Constitution

of India, the petitioner has prayed for a direction to the respondents to

absorb him in Adhyapak Samvarg by treating him to have been in

continuous service as Samvida Shala Shikshak Grade-III from

01.04.2014 till date.

3. The contention of learned counsel for the petitioner is that the

petitioner was initially appointed on the post of Samvida Shala

Shikshak Grade-III by order dated 01.03.2014 issued by respondent

No.7. He has been acquitted in Special Sessions Trial No.199/2016 by

judgment dated 11.09.2017 passed by the First Additional Sessions

Judge, Jhabua and has been reinstated in service by order dated

04.04.2018 passed by respondent No.7 with observation that a

departmental enquiry will be instituted against him. By order dated

21.07.2020 the petitioner has been punished with minor penalty of

censure and it has been ordered that the period between the date of

termination and reinstatement shall be treated for all purposes as on Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2021.12.17 10:48:18 IST

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE W.P. No.27377/2021 Bharat Singh Bhuriya S/o Dubliya Bhuriya Vs. State of M.P. & Others

duty and he will be paid salary for the aforesaid period.

4. It is further submitted that the petitioner has completed more

than 7 years' service and according to Rule 5(2) of the Madhya

Pradesh Panchayat Adhyapak Samvarg (Employment and Conditions

of Service)) Rules, 2008, he is eligible for appointment in Adhyapak

Cadre. Petitioner had submitted a representation on 04.09.2020 to the

respondents for absorption of his service in Adhyapak Samvarg but

the same has not been considered by the respondents till date. On

17.11.2021 another representation was submitted by the petitioner to

the respondents but same has also not been decided. A prayer has

been made for directing the representations of the petitioner to be

decided expeditiously in accordance with law.

5. Learned counsel for the respondent/State has no objection and

has submitted that the representations submitted by the petitioner

shall be decided within a fixed time frame.

6. In view of aforesaid statement of learned counsel for the

respondent/State, this petition is disposed off with a direction to the

respondents/competent authority to advert to and decide petitioner's

pending representations dated 04.09.2020 (Annexure P/6) and dated

17.11.2021 (Annexure P/7) within a period of 6 weeks from the date

of receipt of certified copy of this order by passing a reasoned and a Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2021.12.17 10:48:18 IST

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE W.P. No.27377/2021 Bharat Singh Bhuriya S/o Dubliya Bhuriya Vs. State of M.P. & Others

speaking order.

8. With the aforesaid directions, without expressing any opinion

on merits of the case, the instant petition stands disposed off.

Certified copy as per rules.

(PRANAY VERMA) JUDGE ns

Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2021.12.17 10:48:18 IST