Udham Singh Rajput vs The State Of Madhya Pradesh
2023 Latest Caselaw 6644 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE ANAND PATHAK
                                             ON THE 25 th OF APRIL, 2023
                                           WRIT PETITION No. 5726 of 2023

                          BETWEEN:-
                          UDHAM SINGH RAJPUT S/O LATE SHRI UMED SINGH
                          RAJPUT, AGED ABOUT 55 YEARS, OCCUPATION:
                          WORKING AS A DAILY WAGES EMPLOYEE / STHAI
                          KARMI FOREST RANGE OFFICE SOHAGPUR DISTRICT
                          NARMADAPURAM (MADHYA PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI SHIV KUMAR DUBEY- ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE   SECRETARY  FOREST  DEPARTMENT
                                MANTRALAYA VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    PRINCIPAL CHIEF CONSERVATOR OF FOREST
                                (ADMINISTRATION     II) SATPUDA BHAWAN
                                BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

                          3.    CHIEF CONSERVATOR OF FOREST, FOREST
                                CIRCLE NARMADAPURAM    (HOSHANGABAD)
                                DISTRICT   NARMADAPURAM      (MADHYA
                                PRADESH)

                          4.    DIVISIONAL FOREST OFFICER, FOREST DIVISION
                                (GENERAL) NARMADAPURAM (HOSHANGABAD)
                                DISTRICT     NARMADAPURAM         (MADHYA
                                PRADESH)

                          5.    DEPUTY DIRECTOR, SATPUDA TIGER RESERVE,
                                NARM ADAPURAM DISTRICT NARMADAPURAM
                                (MADHYA PRADESH)

                                                                             .....RESPONDENT
                          (BY SHRI MOHAN SAUSARKAR- GOVERNMENT ADVOCATE)

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 4/27/2023
11:06:30 AM
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                                This petition coming on for admission this day, th e court passed the
                          following:
                                                               ORDER

The present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following reliefs:-

"7.1 This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 7.2 This Hon'ble Court may kindly be pleased to direct the respondents to regularize the service of the petitioner/grant appointment on the post of Forest Guard since 2008-09, as the petitioner has passed an qualified the exams conducted by the VYAPAM.

7 .3 This Hon'ble Court may kindly be pleased to direct the respondents to give all the consequential and pecuniary benefits to the petitioner resulting therefrom. 7 .4 Any other relief which this Hon'ble Court deems fit and proper may also be given to the petitioner, in the interest of justice

2. It is the case of the petitioners that he was still working as daily wages employee/Sthayi-Karmi and he is serving his duties since long back. The petitioner has participated in the process of selection for the post of Forest Guard in the year 2008-09 and he is qualified and passed the exam conducted by the Vyapam. The matter has also travelled from Hon'ble Supreme Court by filling S.L.P which has been dismissed vide order dated 5.5.2015, therefore, the department has published the names of other employees in the merit list, but the name of the petitioner is not considered for regularization in the merit list for the post of Forest Guard. A similar matter came up before the Single Bench of this Court in W.P No.8938 of 2009 (s) in the case of Indramani Tiwari vs State of M.P. and Others, dated 28.09.2010 which was affirmed by the Division Bench Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 4/27/2023 11:06:30 AM

of this Court in Writ Appeal No.344 of 2011 and vide order dated 20.6.2011 dismissed the said writ appeal filed by the State Government.

3. It is the case of the petitioner that he has preferred a detailed representation before the authorities for considering his case for regularization in the light of the judgment passed by the Division Bench in the case of Indramani Tiwari (supra). In view of the fact that a detailed representation is pending consideration. An innocuous prayer is made to direct the authorities to consider and decide the pending representation.

4. Counsel appearing for the State has no objection and stating that regularization cannot be claimed as a matter of right. However, he fairly submits that the matter will be considered and decided by the authorities in accordance with law expeditiously.

5. In such circumstances, this petition is disposed of by directing the petitioner to file a certified copy of this order to the respondents No.1 and 2, who in turn is directed to consider and decide the pending representations (Annexure-P/15 and P/16) and pass a reasoned order within a period of two months from the date of receipt of certified copy of this order under due intimation to the petitioner.

6. Needless to mention that this Court has not expressed any opinion on the merits of the case.

7. Accordingly, the petition is disposed off.

(ANAND PATHAK) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 4/27/2023 11:06:30 AM