Vikram Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 12927 MP

                                                            :1:




                                IN THE         HIGH COURT OF MADHYA
                                                   PRADESH
                                                 AT I N D O R E
                                                        BEFORE
                                 HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

                                            ON THE 9th OF AUGUST, 2023

                                          WRIT PETITION No. 16864 of 2021

                          BETWEEN:-
                             VIKRAM SINGH S/O NARAYAN SINGH, AGED ABOUT
                          1. 53 YEARS, OCCUPATION: SERVICE 20, SOMESHWAR
                             MARG, SHAJAPUR (MADHYA PRADESH)
                             RAISINGH S/O KANHAIYALA, AGED ABOUT 48 YEARS,
                             OCCUPATION: NOKRI RAJNAGAR NAGAR PALIKA KE
                          2.
                             SAMNE TEHSIL AND DIST SHAJAPUR (MADHYA
                             PRADESH)
                             UMRAO S/O PURAJI, AGED ABOUT 47 YEARS,
                             OCCUPATION: NOKRI GRAM JAMAN TEH MOHAM
                          3.
                             BADODIYA PO. DUDHANA DIST SHAJAPUR (MADHYA
                             PRADESH)
                             VIKRAM S/O AMRA JI, AGED ABOUT 52 YEARS,
                          4. OCCUPATION: NOKRI GRAM POST GIRWAR TEH DIST
                             SHAJAPUR (MADHYA PRADESH)
                                                                               .....PETITIONER
                          (SHRI MAHESH KUMAR CHOUDHARY, ADVOCATE)
                          AND
                             THE STATE OF MADHYA PRADESH PRINCIPAL
                          1. SECRETARY VALLABH BHAWAN BHOPAL (MADHYA
                             PRADESH)
                             VAN MANDAL ADHIKARI VAN VIBHAG SHAJAPUR
                          2.
                             (MADHYA PRADESH)
                                                                             .....RESPONDENTS
                          MS.BHAGYASHREE GUPTA, PANEL LAWEYR FOR RESPONENT/STATE.
                          SHRI A K KHARE, ADVOCATE FOR RESPONDENT NO.2.
                                This petition coming on for orders this day, the court passed the

                          following:




Signature Not Verified
Signed by: REENA SUDHIR
DAS
Signing time: 10-Aug-23
12:23:49 PM
                                                                       :2:




                                                                 ORDER

1. This petition has been filed by the petitioners under Article 226 of the Constitution of India seeking following relief:-

"7-1& ;g fd ;g fd ;kfpdkdrkZx.k dk fuosnu gS fd ;kfpdk Lohdkj dh tkdj mfpr vkns'k] ijekns'k] vFkok fjV tkjh dj mRrjkFkhZx.k dks funsZf'kr djus dh d`ik dh tkosa fd og ;kfpdkdrkZx.k dks vusDplZ ih-1 ds ifji= ds vk/kkj ij vU; deZpkfj;ksa ds leku osrueku fn- 1-9-2016 ls ,oa vU; fgrykHk iznku djsa rFkk ;kfpdkdrkZx.k dh izFke fu;qfDr fnukad mlds foHkkx esa dk;Z izkjaHk djus ds fnukad ls ekU; dj fgrykHk dh x.kuk dh tkosA 7-2& ;g fd bl ;kfpdk dk laiw.kZ O;; o vU; U;k;ksfpr lgk;rk tks ekuuh; U;k;ky; mfpr le>s mRrjkFkhZx.k ls ;kfpdkdrkZx.k dks fnykokbZ tkosa A "

2. A reply to the petition has already been filed by the respondent/State stating therein that the petitioners' representation shall be decided which is pending, within two months time, if they withdraw the petition.

3. Counsel for the petitioners has also submitted that the petitioners may be allowed to withdraw the petition with liberty to file a fresh representation before the respondent no.2 and respondent no.2 may be directed to decide their representation in the light of the order passed by the coordinate Bench of this Court in W.P.No.17590/2018 decided on 15.05.2019 as well as in W.P.No. 15652/2018 decided on 06.03.2019. Counsel for the petitioners has submitted that there other similar orders also, as the matter has also travelled up to the Hon'ble Supreme Court in which orders have been passed in favour of the Workmen.

4. In view of the aforesaid submissions, this Court is inclined to dispose of the present petition as withdrawn with liberty to the petitioners to file a fresh representation along with all relevant documents including the various judgements on which they are relying upon, before the respondent No.2/competent authority within a period of

Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 10-Aug-23 12:23:49 PM

two weeks, who shall decide the same by a reasoned and speaking order within a further period of two months as mentioned in their reply, in accordance with law from the date of receipt of certified copy of this order and also taking into account the judgments relied upon by the petitioners.

In view of the same, the petition stands disposed of as withdrawn. However, with liberty to the petitioners to approach this Court if the occasion, so arises.

(SUBODH ABHYANKAR) JUDGE

das

Signature Not Verified Signed by: REENA SUDHIR DAS Signing time: 10-Aug-23 12:23:49 PM