Baldau Prashad Tiwari vs The State Of Madhya Pradesh
2022 Latest Caselaw 3838 MP

                                                                         1
                                         IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                      BEFORE
                                                    HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                               ON THE 21st OF MARCH, 2022

                                                         WRIT PETITION No. 10123 of 2012

                                             Between:-
                                             BALDAU PRASHAD TIWARI S/O SHRI NATHURAM
                                             TIWARI, AGED ABOUT 47 YEARS, OLD BASTI
                                             GRAM KHAJURAHO (MADHYA PRADESH)

                                                                                                         .....PETITIONER
                                             (BY SHRI PRABHAKAR SINGH, ADVOCATE)

                                             AND

                                    1.       THE STATE OF MADHYA PRADESH SECRETARY
                                             SCHOOL EDUCATION DEPARTMENT VALLABH
                                             BHAWAN BHOPAL (MADHYA PRADESH)

                                    2.       THE BOARD OF SECONDARY EDUCATION BHOPAL
                                             THROUGH ITS SECRETARY BHOPAL (MADHYA
                                             PRADESH)

                                    3.       THE COLLECTOR, DISTT. CHHATARPUR DISTT.
                                             CHHATARPUR (MADHYA PRADESH)

                                    4.       THE DISTRICT EDUCATION OFFICER DISTT.
                                             CHHATARPUR (MADHYA PRADESH)

                                    5.       THE  PRINCIPAL GOVT. HIGHER SECONDARY
                                             SCHOOL KHAJURAHO (MADHYA PRADESH)

                                    6.       THE PRINCIPAL, RAJA BALWAN SINGH HIGHER
                                             SECONDARY SCHOOL KHAJURAHO (MADHYA
                                             PRADESH)

                                    7.       THE    PRESIDENT,     MAHARAJA     CHILD
                                             DEVELOPMENT       SOCIETY MAHARAJA   BAL
                                             VIKASH   SAMITI,   KHAJURAHO    (MADHYA
                                             PRADESH)

                                                                                                     .....RESPONDENTS
                                             (BY SHRI PIYUSH BHATNAGAR, PANEL LAWYER)

                                          T h is petition coming on for hearing this day, the court passed the
                                    following:
                                                                          ORDER

This writ petition has been filed by the petitioner claiming himself to be an employee of respondents No.6 & 7 and has sought following reliefs:-

Signature Not Verified SAN

(i) To quash the termination order dated 11/06/2009 (Annexure P/9) and

Digitally signed by RASHMI RONALD respondents be direct to take back the petitioner on his services. VICTOR Date: 2022.03.22 16:41:18 IST

(ii) To direct the respondents to pay due salary of petitioner and other allowances with interest.

(iii) To direct the respondents to produced entire record relates to petitioner.

(iv) Any other relief which this Hon'ble Court may deems fit and proper in

favour of petitioner may also be given, in the interest of justice.

Although, nobody appears on behalf of respondents No.6 & 7 but return has been filed on behalf of respondents No.6 & 7 in which they have taken objection regarding maintainability of the writ petition under Article 226 of the Constitution of India saying that respondents No.6 & 7 are private persons and, therefore, writ cannot be issued against them. Taking several other objections, respondents No.6 & 7 have prayed for dismissal of the writ petition.

Counsel for respondent/State also submits that the respondents No.6 & 7 being private persons/institutions and they are not aided by the Government, therefore, writ cannot be issued.

He placed reliance upon a judgment pronounced by the Hon'ble Apex Court in the case of Trigun Chand Thakur Vs. State of Bihar reported in (2019) 7 SCC 513 in Civil appeal No.10003/2010 and submits that no relief can be granted.

Facing with this situation, counsel for the petitioner prays for withdrawal of the present petition with liberty to file civil suit or other remedy before appropriate forum with regard to grievance of the petitioner.

Prayed is allowed.

Writ petition is dismissed as withdrawn with liberty to file civil suit or other remedy available before appropriate forum within a period of one month from today.

(DWARKA DHISH BANSAL) JUDGE RS

Signature Not Verified SAN

Digitally signed by RASHMI RONALD VICTOR Date: 2022.03.22 16:41:18 IST