Habib Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 13783 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                         BEFORE
                                         HON'BLE SHRI JUSTICE MANINDER S BHATTI
                                                ON THE 18th OF OCTOBER, 2022

                                            WRIT PETITION No. 2009 of 2021

                                 BETWEEN:-
                                 HABIB KHAN S/O LATE SHEKH ILAHI, AGED
                                 ABOUT 58 YEARS, OCCUPATION: DRIVER
                                 ASHOKA    GARDEN   HINAUTIA   BHOPAL
                                 (MADHYA PRADESH)

                                                                                     .....PETITIONER
                                 (BY SHRI AMBER MISHRA, ADVOCATE APPEARS ON BEHALF OF
                                 SHRI RAJA BHAIYA TIWARI, ADVOCATE)

                                 AND
                           1.    THE STATE OF MADHYA PRADESH THRO. THE
                                 PRINCIPAL     SECRETARY      GENERAL
                                 ADMINISTRATION DEPARTMENT VALLABH
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    THE STATE OF M.P. THRO. THE PRINCIPAL
                                 SECRETARY URBAN ADMINISTRATION AND
                                 HOUSING DEPARTMENT VALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           3.    COMMISSIONER URBAN ADMINISTRATION
                                 AND DEVELPMENT DEPARMENT VALLABH
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           4.    COMMISSIONER, MUNICIPAL CORPORATION
                                 BHOPAL DISTT. BHOPAL (MADHYA PRADESH)

                           5.    COMMISSIONER MUNICIPAL CORPORATION
                                 SAGAR DISTT. SAGAR, (MADHYA PRADESH)

                           6.    COMMISSIONER MUNICIPAL CORPORATION
                                 BHILAI DISTT. BHILAI (CHHATTISGARH)

                                                                                  .....RESPONDENTS
                                 (BY SHRI RAJESH CHAND, GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the

Signature Not Verified
Signed by: MONIKA
CHOURASIA
Signing time: 10/18/2022
6:28:12 PM
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                           following:
                                                               ORDER

Heard.

This petition is assailing the order dated 25/8/2020 contained in Annexure-P/9 by which the petitioner herein was working with Municipal corporation, Bhopal on deputation, was sought to be repatriated to his original posting i.e.Special Area Development Authority Bhilai, Durg (State of Chhattisgarh).

Learned counsel for the petitioner contends that the similar orders were issued in the cases of number of employees and those orders were challenged before this Court by filing petitions and this Court vide order dated 29/9/2020 in

W.P. no.12843/2020 as well as connected matters has already quashed the same impugned order. Thus, he submits that the present petition deserves to be allowed in terms of the order passed by this Court in W.P. no.12843/2020.

Learned counsel for the respondents though has supported the impugned order but does not dispute that this Court in identical matters has already quashed the impugned order pertaining to repatriation of the employees issued by the Municipal Corporation, Bhopal.

Upon taking into consideration the judgment of this Court in W.P. no.12843/2020, the order impugned dated 25/8/2020 is quashed. The liberty is reserved to the respondents to pass fresh order in respect of the petitioner in accordance with law, if the occasion so arise, after extending opportunity of hearing to the petitioner.

Accordingly, the petition is disposed off. C.C. today.

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 10/18/2022 6:28:12 PM

(MANINDER S BHATTI) JUDGE m/-

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 10/18/2022 6:28:12 PM