Anwar Khan vs The State Of Madhya Pradesh Thr
2022 Latest Caselaw 16049 MP

                               1

        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                            BEFORE
       HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                 ON THE 5th OF DECEMBER, 2022

                 WRIT PETITION NO. 1129 of 2017

     Between:-

1.   ANWAR KHAN S/O SHRI RASHEED
     KHAN, AGE 41 YEARS, OCCUPATION
     SERVICE, R/O BANSHIPURA, MORAR,
     GWALIOR (MADHYA PRADESH)

2.   SUSHIL KUMAR GUPTA S/O LATE SHRI
     DWARIKA PRASAD GUPTA, AGE 47
     YEARS, OCCUPATION SERVICE, IN THE
     DEPARTMENT OF PHE, MECHANICAL
     SUB DIVISON SAGARTAL, GWALIOR
     (MADHYA PRADSESH), R/O HARE SHIV
     MARRIAGE GARDEN, A.B. ROAD, LAXMI
     GANJ, GWALIOR (MADHYA PRADESH)

3.   SANTOSH SHRIVASTAVA S/O SHRI
     MUNNALAL SHRIVASTAVA, AGE 52
     YEARS, OCCUPATION SERVICE, R/O 160,
     BHAGWATI    SADAN,    GANDEWALI
     SADAK, LASHKAR, GWALIOR (MADHYA
     PRADESH)

4.   SHAHZAD KHAN S/O SHRI BABU KHAN,
     AGE 51 YEARS, OCCUPATION SERVICE
     POSTED   AS    HELPER    IN  THE
     MECHANICAL SUB DIVISION, GWALIOR
     (MADHYA PRADESH) R/O JALAL KHAN
     KI GOTH, GANDE WALI SADAK,
     GWALIOR (MADHYA PRADESH)
                                                  ........PETITIONERS

     (BY SHRI S.S. RAWAT - ADVOCATE)

     AND
                                            2

1.     THE STATE OF MADHYA PRADESH
       THROUGH ITS PRINCIPAL SECRETARY,
       DEPARTMENT OF PUBLIC HEALTH
       ENGINEERINNG, VALLABH BHAVAN,
       BHOPAL (MADHYA PRADESH)

2.     THE ENGINEER IN THE CHIEF, PUBLIC
       HEALTH ENGINEERING, STATE OF
       MADHYA PRADESH, BHOPAL

3.     THE   CHIEF   ENGINEER,  PUBLIC
       HEALTH ENGINEERING (ELECTRICAL/
       ENGINEERING),   RANGE   BHOPAL
       (MADHYA PRADESH)

4.     THE EXECUTIVE ENGINEER, PUBLIC
       HEALTH ENGINEERING DEPARTMENT
       (MECHANICAL),   MOTI    MAHAL,
       GWALIOR

                                                                ........RESPONDENTS

     (SHRI SANJAY KUMAR SHARMA - GOVERNMENT ADVOCATE FOR
STATE)
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       This petition coming on for hearing this day, the Court passed the
following:
                                       ORDER

This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :

7.1 That, impugned show cause notice annexure P/1 series dated 28-01-2017 passed by the respondent no. 3, may kindly be quashed.

7.1(A)That, the orders dated 09-05-2017 annexure P/6 Series, cancellation of classification of the orders of the petitioners, may kindly quashed.

7.2 That, the respondent kindly directed not to cancel the order of classification of the petitioners. 7.2(A)That, the respondent kindly directed to grant the service benefit and pay scale to the petitioners of the post

held by them from the date of classification as mentioned in the para 5.3 of the petition and also directed to pay the arrear of the salary and other consequential benefit including interest at the rate of 12% p.a. 7.3 That, other relief doing justice including cost be ordered.

It is submitted by the counsel for the petitioner that the petitioner is aggrieved by the show cause notice dated 28.1.2017 issued by the Chief Engineer, Public Health Engineering Department, Gwalior thereby calling upon the petitioner to show cause as to why the order of classification issued in her favour be not cancelled. During pendency of the petition by order dated 9.5.2017 classification of the petitioner was cancelled. Accordingly, I.A. No.6876/2022 was filed by the petitioner seeking amendment of the petition and sought quashment of the order dated 09.05.2017 (Annexure P-6). The amendment was allowed by the order dated 29.09.2022. It is submitted that so far as the cancellation of classification is concerned, the question is no more res integra.

It is submitted by the counsel for the petitioner that this petition is covered by judgment dated 26.08.2021 passed by coordinate Bench of this Court in W.P. No.4018/2020 (Kamta Prasad Vs. State of Madhya Pradesh and others). The said order was challenged by the State by filing W.A. No.1166/2021 which too has been dismissed by the Division Bench of this Court by order dated 03.03.2022 and the order passed by the Writ Court was maintained except the cost which was imposed. Thus, it is submitted that in the light of the order passed in the case of Kamta Prasad (supra), the impugned order of cancellation of classification order is liable to be quashed.

Per contra, counsel for the State could not point out any

distinguishable aspects and also admitted that the case in hand is duly covered by order passed by coordinate Bench of this Court in the case of Kamta Prasad (supra).

Heard the learned counsel for the parties.

The controversy involved in the present case is duly covered by the order passed by coordinate Bench of this Court in the case of Kamta Prasad (supra). The order of classification of the petitioner was also cancelled after a direction was given to decide the representation for extending the benefit of minimum of pay scale as directed by the Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray and others reported in (2017) 3 SCC 436.

In absence of any distinguishable features, this petition is also allowed in the terms and conditions of the order dated 26.08.2021 passed in W.P. No.4018/2020 and the impugned order dated 09.05.2017 by which the classification order of the petitioner was cancelled is hereby quashed.

No order as to cost.

(G.S. AHLUWALIA) JUDGE

(alok)

ALOK KUMAR 2022.12.09 09:55:05 +05'30'