Madhya Pradesh High Court
Smt. Kalpana Anand vs General Administration ... on 24 August, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 24 th OF AUGUST, 2023
WRIT PETITION No. 18206 of 2019
BETWEEN:-
SMT. SHALINI SHRIVASTAVA W/O SHRI RAJESH
SHRIVASTAVA, AGED-39 YEARS, OCCUPATION:
SERVICE, R/O DV-08, DHANWANTARI VILLA, MOG
LINES, INDORE (MADHYA PRADESH)
.....PETITIONER
(SHRI PIYUSH MATHUR, LEARNED SENIOR COUNSEL WITH SHRI
ABHISHEK BAJPAI, LEARNED COUNSEL FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY, GENERAL
ADMINISTRATION DEPARTMENT,
MANTRALAYA, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. SHRI BHARAT BHUSHAN GANGELE JOINT
COLLECTOR, POSTED AT COLLECTORATE
OFFICE, BALAGHAT DISTRICT BALAGHAT
(MADHYA PRADESH)
3. SHRI ROHAN SAXENA, ADDITIONAL COLLECTOR,
POSTED AT CEO, ZILA PANCHAYAT, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
.....RESPONDENTS
( SHRI AMAY BAJAJ, LEARNED PANEL LAWYER FOR THE
RESPONDENT/STATE)
WRIT PETITION No. 19120 of 2019
BETWEEN:-
MAHENDRA SINGH KAWACHE S/O SHRI SATAM SINGH
KAWACHE, AGED ABOUT 42 YEARS, OCCUPATION:
SERVICE, R/O CIVIL LINE, AGAR (MADHYA PRADESH)
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 8/24/2023
6:44:34 PM
2
.....PETITIONER
(SHRI PIYUSH MATHUR, LEARNED SENIOR COUNSEL WITH SHRI
ABHISHEK BAJPAI, LEARNED COUNSEL FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY, GENERAL
ADMINISTRATION DEPARTMENT,
MANTRALAYA, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. SHRI BHARAT BHUSHAN GANGELE JOINT
COLLECTOR, POSTED AT COLLECTORATE
OFFICE, BALAGHAT (MADHYA PRADESH)
3. SHRI ROHAN SAXENA, ADDITIONAL COLLECTOR,
POSTED AT CEO, ZILA PANCHAYAT, BURHANPUR
(MADHYA PRADESH)
.....RESPONDENTS
( SHRI AMAY BAJAJ, LEARNED PANEL LAWYER FOR THE
RESPONDENT/STATE)
WRIT PETITION No. 20080 of 2019
BETWEEN:-
SMT. KALPANA ANAND, W/O SHRI ANAND SINGH,
AGED ABOUT 40 YEARS, OCCUPATION -SERVICE, R/O
231-M, NALANDA PARISHAR, KESHAR BAGH ROAD,
INDORE (MADHYA PRADESH)
.....PETITIONER
(SHRI PIYUSH MATHUR, LEARNED SENIOR COUNSEL WITH SHRI
ABHISHEK BAJPAI, LEARNED COUNSEL FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY, GENERAL
ADMINISTRATION DEPARTMENT,
MANTRALAYA, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. SHRI BHARAT BHUSHAN GANGELE JOINT
COLLECTOR, POSTED AT COLLECTORATE
OFFICE, BALAGHAT (MADHYA PRADESH)
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 8/24/2023
6:44:34 PM
3
3. SHRI ROHAN SAXENA, ADDITIONAL COLLECTOR,
POSTED AT CEO, ZILA PANCHAYAT, BURHANPUR
(MADHYA PRADESH)
.....RESPONDENTS
( SHRI AMAY BAJAJ, LEARNED PANEL LAWYER FOR THE
RESPONDENT/STATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
By this common order connected with W.P.
No.19120/2019(Mahendra Singh Kawache Vs. State of M.P. & Ors.)
and W.P. No.20080/2019(Smt. Kalpana Anand Vs. State of M.P. & Ors.)
are also being heard and decided.
02. For the sake of convenience, the facts of W.P.
No.18206/2019(Smt. Shalini Shrivastava Vs. State of M.P. & Ors.) shall
be taken into consideration.
03. This petition under Article 226 of the Constitution of India has been
filed seeking the following reliefs :-
7(A) That the Hon'ble Court may kindly be pleased to quash/set
aside the impugned rejection order dated 05.01.2019(Annexure
P/14).
7(B) That consequently the Hon'ble Court also may kindly be
pleased to quash/set aside the impugned order dated
16.04.2014(Annexure-P/6), so far as it relates to the petitioner.
7(C) That consequently the Hon'ble Court may kindly be allow
the writ petition by directing to the respondents to assign the
seniority of the petitioner as per the order of Merit(Annexure-P/1)
or determine the seniority amongst the Cadre of Deputy
Collectors in the M.P.P.S.C. Batch of Year 2006.
7(D) That the Hon'ble Court may kindly be further directed to
the respondent for placement of the petitioner's name in the
Gradation List of year 2011 in Proper Place and thereafter be
corrected by placing her name in the subsequent Gradation List
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 8/24/2023
6:44:34 PM
issued till 2019, alongwith all consequential benefits including
the arrears to be also extended to the petitioner flowing from the
seniority from the date of initial appointment.
7(E) That Hon'ble High Court may kindly be pleased to issue
any other writ order or direction looking to the facts and
circumstances of the case may also be kindly given to the
petitioner.
4. It is submitted by the counsel for the petitioner that in the present case
itself, the Full Bench was constituted to consider the law governing the grant of
seniority to those employees who have passed their requisite departmental
examination after completion of extended period of probation and it has been
answered that the law laid down by the Full Bench in the case of Masood
Akhtar (Dr.) Vs. R.K. Tripathi reported in 2012 (I) MPJR (FB) 375 is
proper and accordingly, agreement was expressed with the view expressed by
the Full Bench in the case of Masood Akhtar (Dr.) (supra) . Apart from the
reasoning assigned in the judgment passed in the case of Masood Akhtar
(Dr.) (supra), additional reasons were also assigned in this case and
accordingly, it was held that there is no justification to further refer this
matter to the Larger Bench consisting of five Judges.
5. By referring to paragraph 28 of the judgment passed by the Full Bench
constituted in this case itself, it is submitted by the counsel for the petitioner
that all the additional aspects have also been taken into consideration and
accordingly, it is prayed that the respondents may be directed to decide the
representation/ comply with the law laid down by the Full Bench constituted in
this case itself.
6. Identical petition in the case of petitioner in W.P. No.1539/2018(S)
(Arun Parmar Vs. State of M.P. & Ors.) the Full Bench was constituted to be
reconsider the law governing for assigning the seniority to those employees who
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 8/24/2023
6:44:34 PM
have passed their requisite departmental examination. after completion of
extended period of probation, was also allowed in the light of Masood
Akhtar (Dr.) (supra).
7. Per contra, learned counsel for the respondents tried to distinguish the
law laid down by the Full Bench in this case itself.
8. However, this Court is unable to understand as to how the
respondents can distinguish the law laid down by the Full Bench which
was constituted in this case itself.
9. That since the case of the present petitioners also involves identical
issue, therefore, the impugned order of rejection dated 05.01.2019(Annexure-
P/14) being not in consonance of the order/judgment of the Hon'ble Full bench,
therefore, the same is hereby quashed/set-aside. The respondents are directed
to reassign the seniority within the select list of the M.P.P.S.C. Batch of year
2006 as per the provisions contained in Rule (1) (a) of the M.P. Civil
Services(General Conditions of Service), Rules, 1961.
10. In view of the aforesaid, all consequential benefits may also be
extended to the petitioners out of reassignment of seniority.
11. Let the entire exercise be completed within a period of three months
from the date of receipt of certified copy of this order.
12. Accordingly, this petition is allowed to the extent as indicated herein-
above.
13. A copy of the this order be kept in the connected W.P.
No.19120/2019(Mahendra Singh Kawache Vs. State of M.P. & Ors.)
and W.P. No.20080/2019(Smt. Kalpana Anand Vs. State of M.P. &
Ors.).
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 8/24/2023
6:44:34 PM
(S. A. DHARMADHIKARI)
JUDGE
pn
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 8/24/2023
6:44:34 PM
