Madhya Pradesh High Court

Tribal Welfare Department vs Ashish on 11 November, 2022

Author: Vijay Kumar Shukla

                                                     1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                         &
                                   HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                           ON THE 11th OF NOVEMBER, 2022

                                          WRIT APPEAL No. 2129 of 2019

                                BETWEEN:-
                           1.   TRIBAL WELFARE DEPARTMENT PRINCIPAL
                                SECRETARY VALLABH BHAWEAN (MADHYA
                                PRADESH)

                           2.   THE    COMMISSIONER TRIBAL WELFARE
                                D EPARTM EN T SATPURA BHAWAN BHOPAL
                                (MADHYA PRADESH)

                           3.   THE COLLECTOR COLLECTOR COLLECTORATE
                                , RATLAM (MADHYA PRADESH)

                           4.   ASSISTANT COMMISSIONER TRIBAL WELFARE
                                D E PA R T M E N T S A G O D ROAD, RATLAM
                                (MADHYA PRADESH)

                                                                            .....APPELLANT
                                (SHRI AKASH SHARMA, LEARNED GOVERNMENT ADVOCATE
                                FOR THE APPELLANT/STATE)



                                AND
                           1.   SMT. NISHA RAIKWAR W/O SHRI PRAMOD
                                RAIKWAR, AGED ABOUT 41 YEARS, 89,
                                INDRALOK NAGAR (MADHYA PRADESH)

                           2.   TRAINING COM PRODUCTION CENTER RAOTI
                                D I S T R I C T RATLAM M.P. THROUGH ITS
                                PRINCIPAL RATLAM DISTT. RATLAM (MADHYA
                                PRADESH)

                           3.   GOVT. OF INDIA THROUGH DIRECTORATE
                                GENERAL OF EMPLOYMENT AND TRAINING
                                (MINISTRY OF LABOUR AND EMPLOYMENT )
                                SOUTH BLOCK , NEW DELHI (DELHI)

Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 11/11/2022
5:04:17 PM
                                                    2
                           4.   M.P. COUNCIL OF EMPLOYMENT AND
                                TRAINING RAJIV GANDHI BHAWAN 35,
                                SHAMLA    HILLS,  BHOPAL   THROUGH
                                MANAGING    DIRECOTR  MAPCET BHOPAL
                                (MADHYA PRADESH)

                                                                          .....RESPONDENTS

(NONE FOR THE RESPONDENT NOS. 1 & 2, THOSE SERVED)

WRIT APPEAL No. 2130 of 2019

BETWEEN:-

1. TRIBAL WELFARE DEPARTMENT PRINCIPAL SECRETARY VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE COMMISSIONER TRIBAL WELFARE D EPARTM EN T SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

3. THE COLLECTOR COLLECTOR COLLECTORATE RATLAM (MADHYA PRADESH)

4. ASSISTANCE COMMISSIONER TRIBAL WELFARE DEPARTMENT SAGOD ROAD, RATLAM (MADHYA PRADESH)

.....APPELLANT (SHRI AKASH SHARMA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT/STATE)

AND

1. RAJU SINGH MAIDA S/O RAMJI MAIDA, AGED ABOUT 42 YEARS, VILLAGE UMAR TEH RAOTI RATLAM (MADHYA PRADESH)

2. THROUGH ITS PRINCIPAL VOCATIONAL TRAINING CENTRE SAILANA, DIST R RATLAM (MADHYA PRADESH)

3. GOVT. OF INDIA THROUGH DIRECTORATE GENERAL OF EMPLOYMENT AND TRAINING (MINISTRY OF LABOUR AND EMPLOYMENT) SOUTH BLOCK, NEW DELHI (DELHI)

.....RESPONDENTS (NONE FOR THE RESPONDENT NOS. 1& 2,THOSE SERVED)

Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/11/2022 5:04:17 PM

WRIT APPEAL No. 2131 of 2019

BETWEEN:-

1. TRIBAL WELFARE DEPARTMENT PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. COMMISSIONER TRIBAL WELFARE D EPARTM EN T SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

3. COLLECTOR / DISTRICT MAGISTRATE COLLECTORATE RATLAM (MADHYA PRADESH)

4. ASSISTAQNCE COMMISSIONER TRIBAL WELFARE DEPARTMENT SAGOD ROAD. RATLAM (MADHYA PRADESH)

.....APPELLANT ( SHRI AKASH SHARMA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT/STATE).

AND

1. VIKAS S/O VEJERAM JI SONARTI, AGED ABOUT 26 YEARS, INDRA COLONY RAOTI (MADHYA PRADESH)

2. THROUGH ITS PRINCIPAL TRAINIGN COM PRODUCTION CENTRE BILDI RAOTI DIST. RATLAM (MADHYA PRADESH)

3. GOVT. OF INDIA THROUGH DIRECTORATE GENERAL OF EMPLOYMENT AND TRAINING MINISTRY OF LABOUR AND EMPLOYEMNT SOUTH BLOCK NEW DELHI (DELHI)

.....RESPONDENTS ( NONE FOR THE RESPONDENT NOS. 1& 2,THOSE SERVED)

WRIT APPEAL No. 2132 of 2019

BETWEEN:-

1. TRIBAL WELFARE DEPARTMENT PRINCIPAL SECRETARY VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. C O M M I S S I O N E R TRIBAL WELFARE Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/11/2022 5:04:17 PM

D EPARTM EN T SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

3. COLLECTOR / DISTRICT MAGISTRATE COLLECTORATE RATLAM (MADHYA PRADESH)

4. ASSISTANCE COMMISSIONER TRIBAL WELFARE DEPARTMENT SAGOD ROAD. RATLAM (MADHYA PRADESH)

.....APPELLANT (SHRI AKASH SHARMA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT/STATE)

AND

1. VISHAL S/O SUBHASHCHANDRA DUBEY, AGED ABOUT 37 YEARS, NAI ABADI PIPLODA RATLAM (MADHYA PRADESH)

2. THROUGH ITS COMPETENT AUTHORITY VOCATIONAL TRAINING CENTER SAILANA DIST. RATLAM (MADHYA PRADESH)

3. GOVT. OF INDIA THROUGH DIRECTORATE GENERAL OF EMPLOYEMNT AND TRAINING MINISTRY OF LABOUR AND EMPLOYMENT SOUTH BLOCK NEW DELHI (DELHI)

.....RESPONDENTS (NONE FOR THE RESPONDENT NOS. 1& 2,THOSE SERVED)

WRIT APPEAL No. 2134 of 2019

BETWEEN:-

1. TRIBAL WELFARE DEPARTMENT PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. COMMISSIONER TRIBAL WELFARE D EPARTM EN T SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

3. COLLECTOR / DISTRICT MAGISTRATE COLLECTORATE RATLAM. (MADHYA PRADESH)

4. ASSISTANCE COMMISSIONER TRIBAL WELFARE DEPARTMENT SAGOD ROAD. Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/11/2022 5:04:17 PM

RATLAM (MADHYA PRADESH)

.....APPELLANT (SHRI AKASH SHARMA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT/STATE)

AND

1. CHANDRAJEET SINGH CHUNDAWAT S/O SHRI SUMER SINGH CHUNDAWAT, AGED ABOUT 41 YE A R S , 10, INDRALOK NAGAR (MADHYA PRADESH)

2. THROUGH ITS PRINCIPAL TRAINING COM PRODUCTION CENTRE RAOTI DIST. RATLAM. (MADHYA PRADESH)

3. GOVT. OF INDIA THROUGH DIRECTORATE GENERAL OF EMPLOYEMENT AND TRAINING MINISTRY OF LABOUR AND EMPLOYEMNT SOUTH BLOCK NEW DELHI (DELHI)

4. MANAGING DIRECTOR MAPCET MP. COUNCIL OF EMPLOYEMTN AND TRAINING MAPCET RAJIV GANDHI BHAWAN 35, SHAMLA HILLS BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR THE RESPONDENT NOS. 1& 2,THOSE SERVED)

WRIT APPEAL No. 2135 of 2019

BETWEEN:-

1. TRIBAL WELFARE DEPARTMENT PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE COMMISSIONER TRIBAL WELFARE D EPARTM EN T SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

3. THE COLLECTOR C O L L E C T O R RATLAM (MADHYA PRADESH)

4. ASSISTANT COMMISSIONER TRIBAL WELFARE D E PA R T M E N T SAGOD ROAD, RATLAM (MADHYA PRADESH)

.....APPELLANT Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/11/2022 5:04:17 PM

(SHRI AKASH SHARMA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT/STATE).

AND

1. PRAMOD S/O RAMESH CHANDRA RAIKWAR, AGED ABOUT 43 YEARS, 89 INDRALOK NAGAR RATLAM (MADHYA PRADESH)

2. THROUGH ITS COMPETENT AUTHORITY VOCATIONAL TRAINING CENTRE SAILANA, DIST RATLAM (MADHYA PRADESH)

3. THROUGH DIRECTORATE GENERAL OF EMPLOYMENT AND TRAINING (MINISTRY OF LABOUR AND EMPLOYMENT) SOUTH BLOCK, NEW DELHI (DELHI)

.....RESPONDENTS (NONE FOR THE RESPONDENT NOS. 1& 2,THOSE SERVED)

WRIT APPEAL No. 2136 of 2019

BETWEEN:-

1. STATE OF M.P. THROUGH TRIBAL WELFARE DEPARTMENT PRINCIPAL SECRETARY VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE COMMISSIONER TRIBAL WELFARE D EPARTM EN T SATPURA BHAWAN, BHOPAL (MADHYA PRADESH)

3. THE COLLECTOR COLLECTOR COLLECTORATE, RATLAM (MADHYA PRADESH)

4. ASSISTANCE COMMISSIONER TRIBAL WELFARE DEPARTMENT SAGOD ROAD, RATLAM (MADHYA PRADESH)

.....APPELLANT (SHRI AKASH SHARMA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT/STATE).

AND

1. RAKESH S/O RAMJI VASUNIYA, AGED ABOUT 27 YEARS, 683, INDRA COLONY, RAOTI (MADHYA PRADESH) Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/11/2022 5:04:17 PM

2. THROUGH ITS PRINCIPAL TRAINING COM PRODUCTION CENTRE RAOTI DISTRICT RATLAM (MADHYA PRADESH)

3. THROUGH DIRECTORATE GENERAL OF EMPLOYMENT AND TRAINING (MINISTRY OF LABOUR AND EMPLOYMENT) SOUTH BLOCK, NEW DELHI (DELHI)

.....RESPONDENTS (NONE FOR THE RESPONDENT NOS. 1& 2,THOSE SERVED)

WRIT APPEAL No. 2137 of 2019

BETWEEN:-

1. TRIBAL WELFARE DEPARTMENT PRINCIPAL SECRETARY VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE COMMISSIONER TRIBAL WELFARE D EPARTM EN T SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

3. THE COLLECTOR COLLECTOR COLLECTORATE RATLAM (MADHYA PRADESH)

4. ASSISTANCE COMMISSIONER TRIBAL WELFARE DEPARTMENT SAGOD ROAD, RATLAM (MADHYA PRADESH)

.....APPELLANT (SHRI AKASH SHARMA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT/STATE).

AND

1. ASHISH S/O SHIVNARAYAN BHAGWAN, AGED ABOUT 31 YEARS, 68 NAI ABADI PIPLODA RATLAM (MADHYA PRADESH)

2. THROUGH ITS COMPETENT AUTHORITY VOCATIONAL TRAINING CENTER SAILANA, DIST RATLAM (MADHYA PRADESH)

3. GOVT. OF INDIA THROUGH DIRECTORATE GENERAL OF EMPLOYMENT AND TRAINING (MINISTRY OF LABOUR AND EMPLOYMENT) SOUTH BLOCK, NEW DELHI (DELHI) Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/11/2022 5:04:17 PM

.....RESPONDENTS (NONE FOR THE RESPONDENT NOS. 1& 2,THOSE SERVED)

WRIT APPEAL No. 2141 of 2019

BETWEEN:-

1. TRIBAL WELFARE DEPARTMENT PRINCIPAL SECRETARY MINISTRY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. COMMISSIONER TRIBAL WELFARE D EPARTM EN T SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

3. COLLECTOR / DISTRICT MAGISTRATE COLLECTORATE RATLAM (MADHYA PRADESH)

4. ASSISTANCE COMMISSIONER TRIBAL WELFARE DEPARTMENT SAGOD ROAD. RATLAM (MADHYA PRADESH)

.....APPELLANT (SHRI AKASH SHARMA, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT/STATE).

AND

1. RADHESHYAM S/O KACHRU MALI, AGED ABOUT 42 YEARS, MALIPURA RAOTI RATLAM (MADHYA PRADESH)

2. THROUGH ITS PRINCIPAL TRAINING COM PRODUCTION CENTRERAOTI BILDI RAOTI DIST. RATLAM (MADHYA PRADESH)

3. GOVT. OF INDIA THROUGH DIRECTORATE GENERAL OF EMPLOYMENT AND TRAINING MINISTRY OF LABOUR AND EMPLOYMENT SOUTH BLOCK NEW DELHI NEW DELHI (DELHI)

.....RESPONDENTS (NONE FOR THE RESPONDENT NOS. 1& 2,THOSE SERVED)

T h is appeal coming on for orders this day, the court passed the following:

ORDER This is intra Court appeal under Section 2(1) of M.P. Khand Nyay Peeth Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/11/2022 5:04:17 PM

K o Appeal Adhiniyam,2005 being aggrieved by the order dated 13/3/2019 passed in W.P No. 1616/2018 and other connected matters whereby the learned Single Judge has allowed the writ petition filed by the respondent No.1. The learned Single Judge has disposed off the writ petition relying upon a judgment passed by the Division Bench in W.A No.418/2017 in the case of State of M.P Vs. Puneet Mohan Khare dated 5/2/2018.

Counsel representing the State had not disputed the same. The directions issued by the Division Bench in the case of Puneet Mohan Khare (supra) were made applicable to the present case mutatis mutandis.

Counsel for the appellant submits that the statement made on behalf of the appellant, not disputing the applicability of the order passed by the Division Bench in the facts of the present case was incorrect. It is submitted that the judgment passed in the case of Puneet Mohan Khare(supra) was not applicable to the facts of the present case. It is argued that a scheme was formulated by the State Government to give training to the tribal youths for self- employment and in pursuance to that scheme, the respondent No.1 was appointed as training official on contract basis in the different vocational training centers. The respondents issued order dated 24/1/2017 directing not to select the trainees for training in the training center and to stop training.The salary of the trainers was also stopped. The said order was challenged by the respondent No.1 in the writ petition which has been disposed off by the impugned order.

Counsel for the appellant submits that the Division Bench in the case of Puneet Mohan Khare(supra) issued the directions considering the facts of the said case, that a contract employee cannot be substituted by another contract employee. In the present case, the scheme under which the respondent No.1

Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/11/2022 5:04:17 PM

was appointed on contract basis itself has been closed. It has been closed by the respondents/appellants and they are not making any appointment in place of the respondent No.1 on contract basis. He has referred to various paras of the reply filed on behalf of the appellants.

After hearing learned counsel for the appellant and upon perusal of the order passed by the Division Bench in the case of Puneet Mohan Khare (supra), we find that the petition has been wrongly disposed off. In view of the order passed in the case of Puneet Mohan Khare (supra) in the said case the scheme was continued and the respondents were going to engage another set of contractual employees. In the present case, the scheme itself has been closed and the appellants are not making any appointment on contractual basis under the said scheme. It is settled law that a concession made on wrong premises of facts and law is not binding on the appellants.

In view of the aforesaid submissions, the order dated 13/3/2019 passed by learned Single Judge in writ petition No.1616/2018 is set aside. The matter is remitted back to the learned Single Judge to decide the case on its own merit.

With the aforesaid, the writ appeal is allowed and disposed off.




                             (VIJAY KUMAR SHUKLA)                            (RAJENDRA KUMAR (VERMA))
                                     JUDGE                                            JUDGE
                           Pramod




Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 11/11/2022
5:04:17 PM