Saraswati Nayar vs The State Of Madhya Pradesh
2022 Latest Caselaw 9695 MP

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                                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                                    AT INDORE
                                                                          BEFORE
                                                         HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                    ON THE 14th OF JULY, 2022

                                                              WRIT PETITION No. 9378 of 2014

                                                  Between:-
                                                  SARASWATI NAYAR W/O RAMCHANDRA
                                                  NAYAR , AGED ABOUT 59 YEARS, OCCUPATION:
                                                  SERVICE H-16 PHED COLONY MANDLESHWAR
                                                  (MADHYA PRADESH)

                                                                                                      .....PETITIONER
                                                  (BY SHRI CHETAN JAIN, LEARNED COUNSEL)

                                                  AND

                                            1.    THE STATE OF MADHYA PRADESH THR.
                                                  PRINCIPAL SECRETARY VALLABH BHWAN
                                                  (MADHYA PRADESH)

                                            2.    THE ENGINEERING IN CHARGE PUBLIC
                                                  HEALTH ENGINEERING DEPARTMENT GOVT.
                                                  OF M.P. BHOPAL (MADHYA PRADESH)

                                            3.    THE CHIEF ENGINEER PUBLIC HEALTH
                                                  ENGINEERING PROJECT MANDAL,MUSAKHEDI
                                                  (MADHYA PRADESH)

                                            4.    THE SUPERINTENDDING ENGINENEER PUBLIC
                                                  HEALTH    ENGINEERING INDORE PROJECT
                                                  MANDAL , MUSAKHEDI (MADHYA PRADESH)

                                            5.    THE EXECUTIVE ENGINEER PUBLIC HEALTH
                                                  ENGINEERING, MANTAINANCE DIVISON NO.1
                                                  MANDLESHWAR,DIST- KHARGONE (MADHYA
                                                  PRADESH)

                                            6.    DIVISIONAL JOINT DIRECTOR FUNDS AND
                                                  A C C O U N T S INDORE DIVISION (MADHYA
                                                  PRADESH)

Signature Not VerifiedDigitally signed by
  SAN                 SOUMYA RANJAN
                                                                                                    .....RESPONDENTS
                      DALAI
                      Date: 2022.07.14
                      19:20:44 IST                (BY SHRI NITIN SINGH BHATI - GOVT. ADVOCATE)

                                                 T h is petition coming on for orders this day, t h e cou rt passed the
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                                            following:
                                                                                ORDER

In the instant petition filed under Article 226 of the Constitution of India, the petitioner has prayed a direction to regularize the services of the petitioner on the post of Store Clerk from the date of initial appointment along with other consequential benefits.

Counsel for the petitioner submits that the issue involved in the present case is squarely covered by the judgment of this Court in the case of Sant Kumar Mishra & Anr. vs. State of MP & Ors. reported in 2017 (3) JLJ

212. It is further submitted that the present petition may be disposed off with

liberty to the petitioner to file a comprehensive representation along with the copy of the said judgment and other relevant record before the competent authority, who in turn may be directed to consider the aforesaid representation keeping in view the judgment passed in the case of Sant Kumar Mishra (supra).

Counsel for the State submits that the representation of the petitioner shall be considered and decided by the respondent No. 2 in accordance with the law.

Considering the aforesaid submissions and as agreed to, the present petition is disposed off with liberty to the petitioner to submit a detailed and comprehensive representation before the respondent No. 2 along with the relevant Circular and copy of the judgment passed in the case of Sant Kumar Mishra (supra) within a period of 15 days from today and if such representation is submitted within the aforesaid period, the same shall be Signature Not VerifiedDigitally signed by

considered and decided by the respondent No. 2 by passing a speaking and SAN SOUMYA RANJAN DALAI Date: 2022.07.14 19:20:44 IST

detailed order in accordance with the law within a period of 3 months from the

date of communication of the order.

With the aforesaid, the writ petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.07.14 19:20:44 IST