Bhawesh Gupta vs The State Of Madhya Pradesh
2022 Latest Caselaw 13670 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            WP No. 14124 of 2019
             (BHAWESH GUPTA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 17-10-2022
      Shri S.K. Sharma, counsel for the petitioner.

      Shri Rohit Shrivastava, Govt. Advocate for the respondent/State.

Learned counsel for the petitioner submits that the present petition has been preferred against the in-action on the part of the respondents in not considering the case of the present petitioner in light of the order dated 19.3.2010 passed by this Court in W.P. No. 1626/2008, whereby the authorities

were directed to consider the case of the petitioner in the light of the judgment delivered by the Hon'ble Apex Court in the case of Secretary, State of Karnataka and others Vs. Uma Devi and others 2006(4) SCC page 1. But vide order Annexure P/11 dated 11.02.2011 the petitioner was informed that since no Class IV post is available, therefore, the case of the petitioner could not be considered at this juncture, but till date the case of the petitioner had not been considered for regularization.

A reply has been filed in the present petition, wherein it has been stated that the case of the petitioner has been considered in light of the judgment in the

case of Ramnaresh Rawat Vs. Ashwini Ray & others reported in 2017 (3) SCC-436 and the classification order, so far as the petitioner is considered, has been passed and therefore the petition has become infructuous and may be disposed of as the grievance of the petitioner has come to end.

This Court finds that the reply filed on behalf of the respondents is on the line treating the case of the petitioner that to be of classification rather it is a case of regularization which is to be considered by the respondents in the light

of the order dated 19.3.2010 passed in W.P. No.1626/2008. Since the reply which has been filed is not satisfactory, the learned Govt. Advocate is directed to seek further instructions in the matter and file additional reply within a period of two weeks.

List the matter in the week commencing 21st November, 2022.

(MILIND RAMESH PHADKE) JUDGE

Chandni NEETU Digitally signed by NEETU SHASHANK DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

SHASH st=Madhya Pradesh, 2.5.4.20=36b486bb0d381b950e435ec09 e066bc6b58cb947c1474b7dc349a1cf27e aa2ce, pseudonym=C09AF52B2B8D28DBCFF3D

ANK 4A07CC4C71E915C48FC, serialNumber=E60A9BBFC39E0EE500EA ADE1E0B3B8565CB3A7DC9F5CD048197 DF0FF3149AE58, cn=NEETU SHASHANK Date: 2022.10.19 13:26:38 +05'30'