Anit Kumar Barsainya vs The State Of Madhya Pradesh
2022 Latest Caselaw 5171 MP

                                                                        1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                   BEFORE
                                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                               ON THE 8th OF APRIL, 2022

                                                        WRIT PETITION No. 24653 of 2021

                                            Between:-
                                   1.       ANIT KUMAR BARSAINYA S/O SHRI BHOJRAJ
                                            BARSAINYA , AGED ABOUT 56 YEARS,
                                            OCCUPATION: SUB ENGINEER E 35/2 KANCHNAR
                                            CITY VIJAY NAGAR JABALPUR MP (MADHYA
                                            PRADESH)

                                   2.       SHAILENDRA SHARMA               S/O GOPIVALLABHA
                                            SHARMA , AGED ABOUT 56          YEARS, OCCUPATION:
                                            SUB ENGINEER H.NO. 64           STREET NO. 2 NEAR
                                            IDEAL PUBLIC SCHOOL              BADBAN (MADHYA
                                            PRADESH)

                                                                                                      .....PETITIONER
                                            (SHRI AYUR JAIN, LEARNED COUNSEL FOR THE PETITIONER)

                                            AND

                                   1.       THE STATE OF MADHYA PRADESH THR
                                            PRINCIPAL  SECRETARY    PUBLIC WORK
                                            DEPARTMENT (PWD) MANTRALAYA VALLABH
                                            BHAWAN BHOPAL (MADHYA PRADESH)

                                   2.       ENGINEER      IN          CHIEF PUBLIC WORKS
                                            D EPARTM EN T PWD        BHAVAN ARERA HILLS
                                            (MADHYA PRADESH)

                                   3.       EXECUTIVE    ENGINEER             PUBLIC WORKS
                                            D EPARTM EN T DIVISION           NO. 1 JABALPUR
                                            (MADHYA PRADESH)

                                   4.       EXECUTIVE    ENGINEER   PUBLIC  WORKS
                                            D EPARTM EN T PWD DIVISION CHHINDWARA
                                            (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS
                                            (SHRI JUBIN PRASAD, LEARNED PANEL LAWYER FOR THE
                                            RESPONDENT/STATE)

                                         This petition coming on for admission on this day, the court passed the
                                   following:
                                                                         ORDER

Petitioners have filed this writ petition making a prayer that petitioners be assigned seniority in the cadre of Sub-engineer daily wager with effect from 1991 Signature Not Verified SAN

and 1996 to the petitioners no.1 and 2 respectively. Digitally signed by HEMANT SARAF Date: 2022.04.08 17:31:19 IST

Learned counsel for the petitioners submitted that petitioners are entitled for

said seniority as per the judgment passed in WA No.17061/2010. Case of petitioners is identical to that of petitioner in WA No.17061/2010. Counsel for petitioners makes a prayer that respondent No.2 be directed to consider and decide the representation preferred by petitioners in light of order passed in said

WA.

Learned counsel appearing for State does not object aforesaid proposition. I n view of aforesaid, writ petition is disposed of with a direction to petitioners to file a fresh representation along with certified copy of the order passed today within 15 days before respondent No.2, then competent authority/respondent No.2 shall consider and decide the representation by passing a reasonable and speaking order within a further period of 60 days from date of receipt of same.

No opinion is expressed on the merits of the case. With aforesaid direction, writ petition is disposed of. C.C. as per rules.

(S. A. DHARMADHIKARI) JUDGE HS

Signature Not Verified SAN

Digitally signed by HEMANT SARAF Date: 2022.04.08 17:31:19 IST