Rajendra Kumar Thakur vs The State Of Madhya Pradesh
2023 Latest Caselaw 3015 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE ANAND PATHAK
                                          ON THE 20 th OF FEBRUARY, 2023
                                          WRIT PETITION No. 10502 of 2020

                          BETWEEN:-
                          1.    SURESH SINGH S/O SHRI S.B. SINGH, AGED
                                ABOUT   57   YEARS, OCCUPATION: JUNILOR
                                ENGINEER,   M.P.MADHYA KSHERTA VIDYUT
                                VITRAN COMPANY IN THE OFFICEOF EXECUTIVE
                                ENGINEER CIVIL DIVISION CHAMBAL COLONY
                                GOVINDPURA BHOPAL (MADHYA PRADESH)

                          2.    VISHNU PRASAD BARSAIYA S/O SHRI H.L.
                                BARSIYA, AGED ABOUT 56 YEARS, OCCUPATION:
                                JUNIOR ENGINEER M.P. MADHYA KSHETRA
                                VIDYUT     VITRAN     COMPANY     (UNDER
                                DEPUTATION) IN THE OFFICE OF GENERAL
                                MANAGER, M.P.R.R.D.A.PIU OLD COLLECTRATE
                                CAMPUS DISTRICT GUNA (MADHYA PRADESH)

                          3.    SANJAY KUMAR SHRIVASATAVA S/O SHRI B.P.
                                VERMA, AGED ABOUT 56 YEARS, OCCUPATION:
                                JUNIOR ENGINEER M.P. MADHYA KSHETRA
                                VIDYUT     VITRAN     COMPANY      (UNDER
                                DEPUTATION) IN THE OFFICE OF GENERAL
                                MANAGER, M.P.R.R.D.A.PIU -2, ARJUN NAGAR
                                DISTRICT RAISEN (MADHYA PRADESH)

                          4.    SHAILESH KUMAR CHATURVEDI S/O SHRI A.L.
                                CHATURVEDI,    AGED   ABOUT  58   YEARS,
                                OCCUPATION: JUNIOR ENGINEER M.P. MADHYA
                                KSHETRA VIDYUT VITRAN COMPANY IN THE
                                OFFICE OF CHIEF GENERAL MANAGER (BHOPAL
                                REGION) BIJLI NAGAR COLONY GOVINDPURA
                                DISTRICT BHOPAL (MADHYA PRADESH)

                                                                            .....PETITIONERS
                          (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY ENERGY DEPARTMENT,
                                VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
Signature Not Verified
Signed by: POONAM
MANEKAR
Signing time: 2/24/2023
4:31:20 PM
                                                        2

                          2.    MANAGING DIRECTOR M.P. MADHYA KSHETRA
                                VIDYUT VITRAN   COMPANY LTD. NISHTHA
                                PARISAR GOVINDPURA BHOPAL (MADHYA
                                PRADESH)

                          3.    MANAGING    DIRECTOR    M.P.   POWER
                                MANAGEMENT    COMPANY LIMITED SHAKTI
                                BHWAN    RAMPUR   JABALPUR   (MADHYA
                                PRADESH)

                          4.    CHIEF GENERAL MANAGER (HUMAN RESOURCE
                                AND ADMINISTRATION) M.P. MADHYA KSHETRA
                                VIDYUT VITRAN CO. LTD. NISHTHA PARISAR
                                GOVINDPURA BHOPAL (MADHYA PRADESH)

                                                                             .....RESPONDENTS

(BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT/STATE AND SHRI SIDDHARTHA SHARMA - ADVOCATE FOR THE RESPONDENT NO.2 & 4.)

WRIT PETITION No. 10522 of 2020

BETWEEN:-

1. SUDEEP JAIN S/O LATE SHRI K.R. JAIN, AGED ABOUT 55 YEARS, OCCUPATION: JUNIOR ENGINEER M.P. PURV KESHTRA VIDYUT VITRAN CO. OFFICE OF EXECUTIVE ENGINEER (O AND M) DIVISION BINA DISTT. SAGAR (MADHYA PRADESH)

2. PRADEEP GUPTA S/O LATE SHRI RAM SEWAK GUPTA, AGED ABOUT 59 YEARS, OCCUPATION: JUNIOR ENGINEER M.P.PURVE KESHTRA VIDYUT VITRAN CO. IN THE OFFICE OF SUPERINTENDING ENGINEER (CIVIL) MAKRONIYA SAGAR (MADHYA PRADESH)

3. SALIM KHAN S/O SHRI WAZIR KHAN, AGED ABOUT 57 YEARS, OCCUPATION: JUNIOR ENGINEER M.P. PURV KESHTRA VIDYUT VITRAN CO. IN THE OFFICE OF EXECUTIVE ENGINEER (O AND M) DIVISION SOSAR, DISTRICT CHHINDWARA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

AND Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY ENERGY DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. MANAGING DIRECTOR POORVA KSHETRA VIDYUT VITRAN CO. LTD. SHAKTI BHAWAN RAMPUR, JABALPUR (MADHYA PRADESH)

3. MANAGING DIRECTOR M.P. POWER MANAGEMENT COMPANY SHAKTI BHAWAN, RAMPUR JABALPUR (MADHYA PRADESH)

4. CHIEF GENERAL MANAGER (H.R. AND A) POORVA KSHETRA VIDYUT VITRAN CO. LTD. SHAKTI BHAWAN RAMPUR JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT/STATE AND SHRI AMIT KUMAR SONI - ADVOCATE FOR THE RESPONDENT NO.2)

WRIT PETITION No. 10533 of 2020

BETWEEN:-

1. RAJESH SAXENA S/O SHRI A.K. SAXENA, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. PASCHIM KESHTRA VIDYUT VITRAN CO. IN THE OFFICE OF SUPERINTENDING ENGINEER (CIVIL) CIRCLE MAKSI ROAD UJJAIN (MADHYA PRADESH)

2. ABHAY KAPALEY S/O LATE SHRI D.V. KAPALEY, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. PASCHIM KESHTRA VIDYUT VITRAN CO. IN THE OFFICE OF MANAGING DIRECTOR (FINANCE SECTION) POLO GROUND INDORE (MADHYA PRADESH)

3. NITIN KUMAR HINGE S/O SHRI K.S.HINGE, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. PASCHIM KESHTRA VIDYUT VITRAN CO. IN THE OFFICE OF EXECUTIVE ENGINEER (CIVIL) MPRRDA RATLAM UNDER DEPUTATION, DISTRICT RATLAM (MADHYA PRADESH)

4. P.K. SHARMA S/O SHRI D.S. SHARMA, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

ENGINEER (CIVIL) M.P. PASCHIM KESHTRA VIDYUT VITRAN CO. IN THE OFFICE OF SUPERINTENDING ENGINEER (CIVIL) CIRCLE MAKSI ROAD UJJAIN (MADHYA PRADESH)

5. GOKUL PRASAD PARSAI S/O SHRI R.C. PARSAI, AGED ABOUT 60 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. PASCHIM KESHTRA VIDYUT VITRAN CO. IN THE OFFICE OF CHIEF VIGILANCE OFFICER, POLO GROUND INDORE (MADHYA PRADESH)

.....PETITIONERS (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY ENERGY DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. MANAGING DIRECTOR M.P. PASCHIM KSHETRA VIDYUT VITRAN CO. GPH COMPOUND POLO GROUND INDORE (MADHYA PRADESH)

3. MANAGING DIRECTOR M.P. POWER MANAGEMENT COMPANY SHAKTI BHAWAN RAMPUR, JABALPUR (MADHYA PRADESH)

4. CHIEF GENERAL MANAGER (H.R. AND A) M.P.

PASCHIM KSHETRA VIDYUT VITRAN CO. GPH COMPOUND POLO GROUND INDORE (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT/STATE AND SHRI A. P. SHROTI - ADVOCATE FOR THE RESPONDENT NO.3 & 4)

WRIT PETITION No. 10536 of 2020

BETWEEN:-

1. DINESH SINGH THAKUR S/O SHRI B.N. SINGH, AGED ABOUT 57 YEARS, OCCUPATION: JUNIOR ENGINEER IN THE OFFICE OF EXECUTIVE ENGINEER M.P. POWER TRANSMISSION CO. (EHT-C) DIVISION NO.1 NAYAGAON RAMPUR JABALPUR (MADHYA PRADESH)

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

2. AMIT KUMAR TIWARI S/O LATE B.P. TIWARI, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER MP POWER TRANSMISSION CO IN THE OFFICE OF ADDITIONAL CHIEF ENGINEER (TRANS) SHED NO. 14 RAMPUR JABALPUR (MADHYA PRADESH)

3. ANIL KUMAR KHARE S/O SHRI U.S. KHARE, AGED ABOUT 54 YEARS, OCCUPATION: JUNIOR ENGINEER MP POWER TRANSMISSION CO IN THE OFFICE 400 KV SUB STATION BEENA, DISTRICT SAGAR (MADHYA PRADESH)

4. BIHARI LAL DENGRA S/O LATE D.R. DENGRA, AGED ABOUT 58 YEARS, OCCUPATION: JUNIOR ENGINEER MP POWER TRANSMISSION CO IN THE OFFICE OF CHIEF ENGINEER (EHT) SHAKTI BHAWAN RAMPUR JABALPUR (MADHYA PRADESH)

5. MUKESH KUMAR GUPTA S/O SHRI G.D. GUPTA, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER MP POWER TRANSMISSION CO IN THE OFFICE OF SUPERITENDENT ENGINEER (T AND C) CIRCLE GPH COMPOUND POLO GROUND INDORE (MADHYA PRADESH)

6. SUBHASH CHANDRA GUPTA S/O LATE CHHAGAN LAL GUPTA, AGED ABOUT 58 YEARS, OCCUPATION: JUNIOR ENGINEER MP POWER TRANSMISSION CO IN THE OFFICE OF SUPERITENDENT ENGINEER (T AND C) CIRCLE NAGDA, DISTRICT UJJAIN (MADHYA PRADESH)

7. RAJESH KUMAR UPADHYAY S/O LATE J.P.

UPADHAYAY, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER MP POWER TRANSMISSION CO IN THE OFFICE OF

NAYAGAON, DISTRICT JABALPUR (MADHYA PRADESH)

8. SUNIL KUMAR JAIN S/O SHRI R.C.JAIN, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER MP POWER TRANSMISSION CO IN THE OFFICE OF SUPERINTENDING ENGINEER (T AND C) CIRCLE MAKRONIA, DISTRICT SAGAR (MADHYA PRADESH)

9. SUDHIR KUMAR TIWARI S/O LATE M.L. TIWARI, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER MP POWER TRANSMISSION CO IN Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

THE OFFICE OF CHIEF ENGINEER (P AND D) SHAKTI BHAWAN RAMPUR, DISTRICT JABALPUR (MADHYA PRADESH)

10. SANJAY TRIVEDI S/O LATE S.D. TRIVEDI, AGED ABOUT 57 YEARS, OCCUPATION: JUNIOR ENGINEER MP POWER TRANSMISSION CO IN THE OFFICE OF SUPERINTENDING ENGINEER (T AND C) CIRCLE NAYAGAON RAMPUR, JABALPUR (MADHYA PRADESH)

11. RAJ KISHORE MISHRA S/O LATE R.M. MISHRA, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER MP POWER TRANSMISSION CO IN THE OFFICE OF SUPERINTENDING ENGINEER (T AND C) CIRCLE PATERI SATNA (MADHYA PRADESH)

12. SURENDRA SINGH PAWAR S/O SHRI I.S. PAWAR, AGED ABOUT 58 YEARS, OCCUPATION: JUNIOR ENGINEER MP POWER TRANSMISSION CO IN THE OFFICE OF SUPERINTENDING ENGINEER (EHT-C) CIRCLE PATHAR GODOWN INDORE (MADHYA PRADESH)

13. KAILASH CHANDRA GUPTA S/O SHRI S.N. GUPTA, AGED ABOUT 57 YEARS, OCCUPATION: JUNIOR ENGINEER MP POWER TRANSMISSION CO IN THE OFFICE OF SUPERINTENDING ENGINEER (T AND C) ROSHNI GHAR GWALIOR (MADHYA PRADESH)

14. RAJ KUMAR GUPTA S/O SHRI R.S. GUPTA, AGED ABOUT 55 YEARS, OCCUPATION: JUNIOR ENGINEER MP POWER TRANSMISSION CO IN THE OFFICE OF EXECUTIVE ENGINEER (EHT-C) MAHAL GAON, DISTRICT GWALIOR (MADHYA PRADESH)

.....PETITIONERS (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY ENERGY DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. MANAGING DIRECTOR M.P.POWER TRANSMISSION CO.LTD. SHAKTI BHAWAN RAMPUR JABALPUR (MADHYA PRADESH) Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

3. MANAGING DIRECTOR M.P. POWER TRANSMISSION CO. RAMPUR JABALPUR (MADHYA PRADESH)

4. CHIEF ENGINEER (HUMAN RESOURCE AND ADMINISTRATION) M.P. POWER TRANSMISSION C O . SHAKTI BHAWAN RAMPUR JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT/STATE)

WRIT PETITION No. 10627 of 2020

BETWEEN:-

1. AJAY KUMAR TAMRAKAR S/O SHRI GAURI SHANKAR TAMRAKAR, AGED ABOUT 61 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. POWER GENERATING CO. IN THE OFFICE OF SUPERINTENDING ENGINEER (S AND I) CIRCLE NAYAGAON RAMPUR JABALPUR (MADHYA PRADESH)

2. DAYA SHANKAR GANGELE S/O B.L. GANGELE, AGED ABOUT 55 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. POWER GENERATING CO. IN THE OFFICE OF EXECUTIVE ENGINEER (CIVIL-

3) DN.SGTPS BIRSINGHPUR, DISTRICT UMARIYA (MADHYA PRADESH)

3. VINOD SONI S/O LATE R.P.SONI, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. POWER GENERATING CO. IN THE OFFICE OF UNDER DEPUTATION C.E.O. M.P.R.R.D.A. ARERA HILLS BHOPAL (MADHYA PRADESH)

4. MADAN SINGH YADAV S/O SHRI K.S. YADAV, AGED ABOUT 57 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. POWER GENERATING CO. IN THE OFFICE OF ADDI.CHIEF ENGINEER (S AN I) CIRCLE NAYAGAON RAMPUR, DISTRICT JABALPUR (MADHYA PRADESH)

5. MANOJ KUMAR BHIDA S/O LATE Y.R. BHIDA, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. POWER GENERATING CO. IN THE OFFICE OF ADDI.CHIEF ENGINEER (C) SHRI SHINGHIJI TERMAL POWER PROJECT, Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

DISTRICT KHANDWA (MADHYA PRADESH)

6. AWADH BIHARI MISHRA S/O B.P.MISHRA, AGED ABOUT 60 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. POWER GENERATING CO. IN THE OFFICE OF SUPERINTENDING ENGINEER (CIVIL), DISTRICT SINGRAULI (MADHYA PRADESH)

7. PRAMOD KUMAR JAIN S/O SHRI P.C. JAIN, AGED ABOUT 59 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. POWER GENERATING CO. IN THE OFFICE OF CHIEF ENGINEER (CIVIL) SHAKTI BHAWAN RAMPUR, DISTRICT JABALPUR (MADHYA PRADESH)

8. MADHUSUDAN KHARE S/O LATE B.P. KHARE, AGED ABOUT 57 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. POWER GENERATING CO. IN THE OFFICE OF UNDER DEPUTATION DIVISIONAL JOINT DIRECTOR HEALTH SERVICES REWA (MADHYA PRADESH)

9. SURYA MANI SHUKLA S/O SHRI K.C. SHUKLA, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL), M.P. POWER GENERATING CO. IN THE OFFICE OF SUPERINTENDING ENGINEER (O AND M) CIRCLE TONS HYDEL PROJECT SHILPARA, DISTRICT REWA (MADHYA PRADESH)

10. RAMASHRAY SHARMA S/O R.K. SHARMA, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL), M.P. POWER GENERATING CO. IN THE OFFICE OF EXECUTIVE ENGINEER (CIVIL) DN.-II SHRI SHINGHIJI TERMAL POWER PROJECT KHANDWA (MADHYA PRADESH)

11. MANOJ TRIPATHI S/O R.L.TRIPATHI, AGED ABOUT 54 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. POWER GENERATING CO. IN THE OFFICE OF UNDER DEPUTATION MPRRDA BHOPAL PIU KHANDWA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY, ENERGY DEPARTMENT, Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. MANAGING DIRECTOR M.P. POWER GENERATION CO.LTD. SHAKTI BHAWAN RAMPUR DISTRICT JABALPUR (MADHYA PRADESH)

3. MANAGIND DIRECTOR M.P. POWER MANAGEMENT COM. SHAKTI BHAWAN RAMPUR DISTRICT JABALPUR (MADHYA PRADESH)

4. EXECUTIVE DIRECTOR (HUMAN RESOURCES AND ADMINISTRATION) MP POWER GENERATING CO.LTD. BLOCK NO. 1 SHAKTI BHAWAN RAMPUR DISTRICT JABALPUR (MADHYA PRADESH)

5. CHIEF ENGINEER (CIVIL ENGINEERING)/ EXECUTIVE DIRECTOR M P POWER GENERATION CO. LTD. BLOCK NO. 1 SHAKTI BHAWAN R AM PUR DISTRICT JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT/STATE AND SHRI A. P. SHROTI - ADVOCATE FOR THE RESPONDENT NO.2 TO 5)

WRIT PETITION No. 10698 of 2020

BETWEEN:-

1. BRAJENDRA SINGH BHADORIYA S/O SHRI BAL BAHADURA BHADORIYA, AGED ABOUT 55 YEARS, OCCUPATION: JUNIOR ENGINEER R/O (CIVIL) M.P. MADHYA KSHETRA VIDYUT VITRAN CO. (CIVIL) DIVISION GUNA DISTT. GUNA (MADHYA PRADESH)

2. MAHESH KUMAR SHARMA S/O SHRI R.C.

SHARMA, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. MADHYA KSHETRA VIDYUT VITRAN CO. IN THE OFFICE OF MANAGER DIRECTOR NISTHA PARISAR GOVINDPURA BHOPAL (MADHYA PRADESH)

3. AJAY JHA S/O SHRI J.P. JHA, AGED ABOUT 54 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. MADHYA KSHETRA VIDYUT VITRAN CO. IN Signature Not Verified THE OFFICE OF MANAGER DIRECTOR NISTHA Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

PARISAR GOVINDPURA BHOPAL (MADHYA PRADESH)

.....PETITIONERS (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY ENERGY DEPARTMENT, VALLABH BHAWAN,BHOPAL (MADHYA PRADESH)

2. MANAGING DIRECTOR M.P. POWER MANAGEMENT COMPANY SHAKTI BHAWAN RAMPUR JABALPUR (MADHYA PRADESH)

3. MANAGING DIRECTOR M.P. MADHYA KSHETRA VIDYUT VITRAN CO. NISTHA PARISAR GOVINDPURA, BHOPAL (MADHYA PRADESH)

4. CHIEF GENERAL MANAGER (H.R.AND A) M.P.

MADHYA KSHETRA VIDYUT VITRAN CO. NISTHA PARISAR GOVINDPURA, BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT/STATE AND SHRI SIDDHARTHA SHARMA - ADVOCATE FOR THE RESPONDENT NO.3 TO 4)

WRIT PETITION No. 10710 of 2020

BETWEEN:-

1. ARUN KUMAR SHRIVASTVA S/O LATE SHRI K.N.

SHRIVASTAVA, AGED ABOUT 61 YEARS, (ON CURRENT CHARGE) M.P. POWER MANAGEMENT CO. IN THE OFFICE OF EXECUTIVE ENGINEER (CIVIL) DN-1 SHED NO. 9, NEAR JALPARI R AM PUR DISTRICT JABALPUR (MADHYA PRADESH)

2. DHARMENDRA KUMAR VERMA S/O LATE SHRI D.K. VERMA, AGED ABOUT 56 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) NOW ASSISTANT ENGINEER (ON CURRENT CHARGE BASIS) M P POWER MANAGEMENT CO. IN THE OFFICE OF EXECUTIVE ENGINEER (CIVIL) DN. 1 SHED NO. 9 NEAR JALPARI RAMPUR DISTRICT JABALPUR (MADHYA PRADESH) Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

.....PETITIONERS (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECETARY ENERGY DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. MANAGING DIRECTOR M.P. POWER MANAGEMENT COMPANY LIMITED SHAKTI BHAWAN, RAMPUR JABALPUR (MADHYA PRADESH)

3. CHIEF GENERAL MANAGER (H.R.AND A) M.P.

POWER MANAGEMENT COMPANY LIMITED SHAKTI BHAWAN, RAMPUR JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT/STATE AND SHRI SANJAY AGRAWAL - SENIOR ADVOCATE WITH MS. NEERJA AGRAWAL - ADVOCATE FOR THE RESPONDENT NO.2 & 3)

WRIT PETITION No. 10925 of 2020

BETWEEN:-

1. SUBHASH CHANDRA THAPAK S/O SHRI P.N.

THAPAK, AGED ABOUT 58 YEARS, OCCUPATION: JUNIOR ENGINEER CIVIL M.P. PASCHIM KESHTRA VIDYUT VITRAN CO. IN THE OFFICE OF SUPERINTENDING ENGINEER (T AND C) CIRCLE GPS COMPOUND POLO GROUND INDORE (MADHYA PRADESH)

2. SANJAY SHUKLA S/O SHRI R.S. SHUKLA, AGED ABOUT 59 YEARS, OCCUPATION: JUNIOR ENGINEER (CIVIL) M.P. POWER GENERATING CO. IN THE OFFICE OF EXECUTIVE ENGINEER (CIVIL)- 2, SANJAY GANDHI THERMAL POWER STATION BIRSINGHPUR, DISTRICT UMARIA (MADHYA PRADESH)

.....PETITIONERS (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

AND Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY ENERGY DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. MANAGING DIRECTOR M.P. PASCHIM KSHETRA VIDYUT VITRAN CO. GPH COMPOUND POLO GROUND INDORE (MADHYA PRADESH)

3. MANAGING DIRECTOR M.P. POWER MANAGEMENT COMPANY SHAKTI BHAWAN RAMPUR, JABALPUR (MADHYA PRADESH)

4. CHIEF GENERAL MANAGER (H.R. AND A) M.P.

PASCHIM KSHETRA VIDYUT VITRAN CO. GPH COMPOUND POLO GROUND INDORE (MADHYA PRADESH)

5. MANAGING DIRECTOR M.P. POWER GENERATING CO. SHAKTI BHAWAN RAMPUR JABALPUR (MADHYA PRADESH)

6. EXECUTIVE DIRECTOR (HR AND A) M.P. POWER GENERATING CO. BLOCK NO.1, SHAKTI BHAWAN RAMPUR JABALPUR (MADHYA PRADESH)

7. CHIEF ENGINEER (CIVIL ENGINEERING) M.P.

POWER GENERATING CO. BLOCK NO.1, SHAKTI BHAWAN RAMPUR JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT/STATE AND SHRI A. P. SHROTI - ADVOCATE FOR THE RESPONDENT NO.5 TO 7)

WRIT PETITION No. 12985 of 2020

BETWEEN:-

RAJESH SHRIVASTAVA S/O LATE SHRI JAWAHAR LAL SHRIVASTAVA, AGED ABOUT 53 YEARS, OCCUPATION: JUNIOR ENGINEER M.P. PURV KESHTRA VIDYUT VITRAN CO. IN THE OFFICE OF EXECUTIVE ENGINEER (O & M) EAST DIVISION NEHRU NAGAR REWA DIST. REWA (MADHYA PRADESH)

.....PETITIONER (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

Signature Not Verified AND Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY ENERGY DEPT. VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. MANAGING DIRECTOR MP PURVA KSHETRA VIDYUT VITRAN CO.LTD. SHAKTI BHAWAN RAMPUR, DISTRICT JABALPUR (MADHYA PRADESH)

3. MANAGING DIRECTOR MP POWER MANAGEMENT COMPANY SHAKTI BHAWAN RAMPUR DISTRICT JABALPUR (MADHYA PRADESH)

4. CHIEF GENERAL MANAGER(HR AND A) MP PURVA KSHETRA VIDYUT VITRAN CO.LTD. SHAKTI BHAWAN RAMPUR, DISTRICT JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT/STATE AND SHRI RAHUL DESHMUKH - ADVOCATE FOR THE RESPONDENT NO.2 TO 4)

WRIT PETITION No. 13435 of 2020

BETWEEN:-

1. PARAS KUMAR JAIN S/O SHRI SHANTI LAL JAIN, AGED ABOUT 54 YEARS, OCCUPATION: ASST. ENGINEER (ON CURRENT CHARGE) IN THE OFFICE OF SUPERINTENDING ENGINEER (IT CELL) M.P. WEST ZONE VIDYUT VITRAN COM. GPH COMPOUND POLO GROUND INDORE DIST. INDORE (MADHYA PRADESH)

2. RAVISH KUMAR DIXIT S/O SHRI BAL KRISHNA DIXIT, AGED ABOUT 55 YEARS, OCCUPATION: ASSISTNAT ENGINEER (ON CURRENT CHARGE) IN THE OFFICE OF SUPERINTENDING ENGINEER (O AND M CIRCLE) WEST ZONE VIDYUT VITRAN COMPANY, DISTRICT BURHANPUR (MADHYA PRADESH)

3. SURENDRA KUMAR POONIWALE S/O SHRI GAJANAND POONIWALE, AGED ABOUT 53 YEARS, OCCUPATION: ASSISTNAT ENGINEER (ON CURRENT CHARGE) IN THE OFFICE OF EXECUTIVE ENGINEER (O AND M DIVISOIN) WEST ZONE VIDYUT VITRAN COMPANY Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

BURHANPUR (MADHYA PRADESH)

4. RAJENDRA KUMAR PATIL S/O SHRI BABU RAO PATIL, AGED ABOUT 54 YEARS, OCCUPATION: JUNIOR ENGINEER ( IN THE OFFICE OF EXECUTIVE ENGINEER (O AND M DIVISON) WEST ZONE VIDYUT VITRAN COMPANY BURHANPUR (MADHYA PRADESH)

5. RAJENDRA KUMAR JOSHI S/O SHRI B.S JOSHI, AGED ABOUT 54 YEARS, OCCUPATION: ASSISTANT ENGINEER (ON CURRTENT CHARGE) IN THE OFFICE OF EXECUTIVE ENGINEER (O AND M DIVISION) M P WEST ZONE VIDYUT VITRAN COMPANY MANASA, DISTRICT NEEMUCH (MADHYA PRADESH)

6. RAJESH KUMAR GUPTA S/O SHRI KEDAR NATH GUPTA, AGED ABOUT 54 YEARS, OCCUPATION: ASST. ENGINEER (ON CURRENT CHARGE) IN THE OFFICE OF EXECUTIVE ENGINEER CITY EAST DIVISON WEST ZONE VIDYUT VITRAN COMPANY MANORMA GANJ INDORE (MADHYA PRADESH)

7. RAM VILAS RAM S/O SHRI VISHWANATH RAM, AGED ABOUT 54 YEARS, OCCUPATION: JUNIOR EN GIN EER IN THE OFFICE OF EXECUTIVE ENGINEER (O AND M DIVISOIN) M P WEST ZONE VIDYUT VITRAN COMPANY BARNAGAR, DISTRICT UJJAIN (MADHYA PRADESH)

8. SHAILENDRA GUPTA S/O SHRI BADRILAL GUPTA, AGED ABOUT 54 YEARS, OCCUPATION: JUNIOR ENGINEER IN THE OFFICE OF SUPERINTENGIND ENGINEER (MT-2) CIRCLE M P WEST ZONE VIDYUT VITRAN COMPANY POLO GROUND GPH COMPOUND INDORE (MADHYA PRADESH)

9. ASHISH KUMAR SHROFF S/O SHRI B.K SHROFF, AGED ABOUT 54 YEARS, OCCUPATION: ASSIT. ENGINEER IN THE OFFICE OF SUPERINTENDING ENGINEER (STORE) DIVISION WEST ZONE VIDYUT VITRAN COMPANY POLO GROUND GPH COMPOUND INDORE (MADHYA PRADESH)

10. MAHESH BHASKAR JOG S/O SHRI BHASKAR NARAYAN JOG, AGED ABOUT 55 YEARS, OCCUPATION: JUNIOR ENGINEER IN THE OFFICE OF MANAGING DIRECTOR M P WEST ZONE VIDYUT VITRAN COMPANY POLO GROUND GPH COMPOUND INDORE (MADHYA PRADESH)

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

11. SUNIL KUMAR JAIN S/O SHRI INDOORI LAL JAIN, AGED ABOUT 56 YEARS, OCCUPATION: ASST. EN GIN EER IN THE OFFICE OF MANAGING DIRECTOR WEST ZONE VIDYUT VITRAN COMPANY POLO GROUND GPH COMPOUND INDORE (MADHYA PRADESH)

12. SANDEEP KUMAR KALRA S/O SHRI H.N KALRA, AGED ABOUT 56 YEARS, OCCUPATION: EXECUTIVE ENGINEER IN THE OFFICE OF CHIEF ENGINEER (UR) M P WEST ZONE VIDYUT VITRAN COMPANY JYOTI NAGAR, DISTRICT UJJAIN (MADHYA PRADESH)

13. PRADIP KUMAR MISHRA S/O SHRI MAHESH PRASAD MISHRA, AGED ABOUT 54 YEARS, OCCUPATION: ASST. ENGINEER (ON CURRENT CHARGE) IN THE OFFICE OF EXECUTIVE ENGINEER (O AND M DIVISION) M P WEST ZONE VIDYUT VITRAN COMPANY POLO GROUND GPH COMPOUND INDORE (MADHYA PRADESH)

14. LAWKESH KUMAR MALHOTTRA S/O SHRI K.C MALHOTRA, AGED ABOUT 54 YEARS, OCCUPATION: ASST. ENGINEER (ON CURRENT CHARGE) IN THE OFFICE OF EXECUTIVE ENGINEER (O AND M DIVISION) M P WEST ZONE VIDYUT VITRAN COMPANY BARNAGAR, DISTRICT UJJAIN (MADHYA PRADESH)

15. ARVIND KUMAR VERMA S/O SHRI KAMLA PRASAD VERMA, AGED ABOUT 53 YEARS, OCCUPATION: ASST. EN GIN EER (ON CURRENT CHARGE) IN THE OFFICE OF EXECUTIVE ENGINEER (O AND M DIVISION) M P WEST ZONE VIDYUT VITRAN COMPANY NAGDA, DISTRICT UJJAIN (MADHYA PRADESH)

16. AKHILESH KUMAR MANDLOI S/O SHRI G.S MANDLOI, AGED ABOUT 54 YEARS, OCCUPATION: EXECUTIVE ENGINEER (ON CURRENT CHARGE) IN THE OFFICE OF EXECUTIVE ENGINEER CITY SOUTH DIVISION WEST ZONE VIDYUT VITRAN COMPANY CHHAWNI, DISTRICT INDORE (MADHYA PRADESH)

17. JAI PRAKASH TARE S/O LATE SHRI MAHADEO TARE, AGED ABOUT 56 YEARS, OCCUPATION: ASST. ENGINEER IN THE OFFICE OF EXECUTIVE DIRECTOR (IR) M P WEST ZONE VIDYUT VITRAN COMPANY POLO GROUND GPH COMPOUND INDORE (MADHYA PRADESH) Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

18. KALU RAM VYAS S/O SHRI SHIV NARAYAN VYAS, AGED ABOUT 56 YEARS, OCCUPATION: EXECUTIVE ENGINEER (ON CURRENT CHARGE) IN THE OFFICE OF EXECUTIVE ENGINEER M P WEST ZONE VIDYUT VITRAN COMPANY NEW LTMT DIVISION POLO GROUND GPH COMPOUND, DISTRICT INDORE (MADHYA PRADESH)

19. SHAILENDRA SHAH S/O SHRI LAKHMI CHAND SHAH, AGED ABOUT 54 YEARS, OCCUPATION: ASST. ENGINEER (ON CURRENT CHARGE) IN THE OFFICE OF EXECUTIVE ENGINEER (STM DIVISION) M P WEST ZONE VIDYUT VITRAN COMPANY MAKSHI ROAD, DISTRICT UJJAIN (MADHYA PRADESH)

.....PETITIONERS (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY ENERGY DEPT. VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. MANAGING DIRECTOR M.P. POWER MANAGEMENT COMPANY LIMITED SHAKTI BHAWAN RAMPUR JABALPUR (MADHYA PRADESH)

3. MANAGING DIRECTOR M P WEST ZONE VIDYUT VITRAN COMPANY GPH COMPUNT POLO GROUND, DISTRICT INDORE (MADHYA PRADESH)

4. CHIEF GENERAL MANAGER (HUMAN RESOURCE AND ADMINISTRATION) M P WEST ZONE VIDYUT VITRAN COMPANY GPH COMPUNT POLO GROUND, DISTRICT INDORE (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT/STATE AND SHRI A. P. SHROTI - ADVOCATE FOR THE RESPONDENT NO.3)

WRIT PETITION No. 13583 of 2020

BETWEEN:-

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

RAJENDRA KUMAR THAKUR S/O LATE SHRI BHUPAT SINGH, AGED ABOUT 54 YEARS, OCCUPATION: JUNIOR ENGINEER M.P. PURV KESHTRA VIDYUT VITRAN CO. IN THE OFFICE OF EXECUTIVE ENGINEER (CITY) DIVISION VIJAY NAGAR JABALPUR DIST. JABALPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY ENERGY DEPT. VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. MANAGING DIRECTOR M.P. POWER MANAGEMENT COMPANY LIMITED SHAKTI BHAWAN RAMPUR, DISTRICT JABALPUR (MADHYA PRADESH)

3. MANAGING DIRECTOR POORVA KSHETRA VIDYUT VITRAN CO. LTD. SHAKTI BHAWAN RAMPUR, DISTRICT JABALPUR (MADHYA PRADESH)

4. CHIEF GENERAL MANAGER (H.R.AND A) POORVA KSHETRA VIDYUT VITRAN CO. LTD. SHAKTI BHAWAN RAMPUR, DISTRICT JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT/STATE AND SHRI RAHUL DESHMUKH- ADVOCATE FOR THE RESPONDENT NO.3 TO 4)

WRIT PETITION No. 14808 of 2020

BETWEEN:-

1. SHAMBHU SINGH RAGHUWANSHI S/O SHRI GOPAL SINGH RAGHUWANSHI, AGED ABOUT 57 YE A R S , OCCUPATION: ASSISTANT ENGINEER (GPH ZONE) UNDER EXECUTIVE ENGINEER WEST DIVISION M.P. PANCHIM KSHETRA VIDYUT VITRAN CO. GPH COMPOUND, (MADHYA PRADESH) Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

2. ANURAG MISHRA S/O SHRI J.P MISHRA, AGED ABOUT 56 YEARS, OCCUPATION: ASSIT. ENGINEER (WEB SCADA) IN THE OFFICE OF EXECUTIVE DIRECTOR (OPERATION) MP PASCHIM KSHETRA VIDYUG VITRAN CO. GPH COMPOUND INDORE (MADHYA PRADESH)

3. DINESH KUMAR GUPTA S/O SHRI JANKI PRASAD GUPTA, AGED ABOUT 54 YEARS, OCCUPATION: ASST. ENGINEER (ON CURRENT CHARGE BASIS) IN THE OFFICE OF DISTRIBUTION CENTRE PALIYA UNDER EXECUTIVE ENGINEER (O AND M) DIVISION MP PASCHIM KSHETRA VIDYUT VITRAN CO. DEPALPUR, DISTRICT INDORE (MADHYA PRADESH)

4. VISHNU S. PRAJAPATI S/O SHRI SITA RAM PRAJAPATI, AGED ABOUT 57 YEARS, OCCUPATION: JUNIOR ENGINEER DISTRIBUTION CENTRE RAJPUR UNDER EXECUTIVE ENGINEER (O AND M) DIVISION MP PASCHIM KSHETRA VIDYUT VITRAN CO. SENDHWA, DISTRICT BARWANI (MADHYA PRADESH)

5. PANDU RANG DUSANE S/O SHRI MOOLCHAND DUSANE, AGED ABOUT 54 YEARS, OCCUPATION: ASST. ENGINEER (ON CURRENT CHARGE BASIS) IN THE OFFICE OF EECUTIVE DIRECTOR (INDORE REGION) MP PASCHIM KSHETRA VIDYUG VITRAN CO.GPH COMPOUND INDORE (MADHYA PRADESH)

6. ANIL KUMAR NIGUDKAR S/O SHRI SUDHAKAR RAO NIGUDKAR, AGED ABOUT 57 YEARS, OCCUPATION: ASST. ENGINEER DISTRIBUTION CENTRE UJJAIN RURAL UNDER EXECUTIVE ENGINEER (O AND M) DIVISION MP PASCHIM KSHETRA VIDYUT VITRAN CO. MAKXI ROAD (MADHYA PRADESH)

7. KAMAL KISHORE GUPTA S/O SHRI DWARIKA PRASAD GUPTA, AGED ABOUT 57 YEARS, OCCUPATION: ASST. ENGINEER IN THE OFFICE OF EXECUTIVE ENGINEER (MT1) MP PASCHIM KSHETRA VIDYUG VITRAN CO.GPH COMPOUND POLO GROUND INDORE (MADHYA PRADESH)

.....PETITIONERS (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

AND Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

1. THE STATE OF MADHYA PRADESH THRO.

PRINCIPAL SECRETARY ENERGY DEPARTMENT VALLABH BHAWAN (MADHYA PRADESH)

2. MANAGING DIRECTOR M.P. POWER MANAGEMENT COMPANY LIMITED SHAKTI BHAWAN, RAMPUR JABALPUR (MADHYA PRADESH)

3. MANAGING DIRECTOR MP PASCHIM KSHETRA VIDYUT VITRAN CO. GPH COMPOUND POLO GROUND INDORE (MADHYA PRADESH)

4. CHIEF GENERAL MANAGER (H.R.AND A) MP PASCHIM KSHETRA VIDYUT VITRAN CO. GPH COMPOUND POLO GROUND INDORE (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT/STATE AND SHRI A. P. SHROTI - ADVOCATE FOR THE RESPONDENT NO.3 TO 4)

WRIT PETITION No. 20175 of 2022

BETWEEN:-

DURGA PRASAD NAYAK S/O SHRI R.S. NAYAK, AGED ABOUT 55 YEARS, OCCUPATION: JUNIOR ENGINEER NOW ASSISTANT ENGINEER (ON CURRENT CHARGE BASIS) IN THE OFFICER EXECUTIVE ENGINEER/DY. GENERAL MANAGER M.P.M.K.V.V.CO.LTD. STC DIVISION JAIL ROAD RAJGARH DISTRICT RAJGARH (MADHYA PRADESH)

.....PETITIONER (BY SHRI AJEET KUMAR SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY ENERGY DEPARTMENT VALLABH BHAWAN DISTRICT BHOAPL (MADHYA PRADESH)

2. MANAGING DIRECTOR M.P. POWER MANAGEMENT COMPANY SHAKTI BHAWAN RAMPUR JABALPUR (MADHYA PRADESH)

3. MANAGING DIRECTOR M.P. MADHYA KSHETRA Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

VIDYUT VITRAN CO. NISTHA PARISAR GOVINDPURA BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

4. CHIEF GENERAL MANAGER (H.R. AND A.) M.P.

MADHYA KSHETRA VIDYUT VITRAN CO. NISTHA PARISAR GOVINDPURA BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL FOR THE RESPONDENT/STATE AND SHRI SIDDHARTHA SHARMA - ADVOCATE FOR THE RESPONDENT NO.3 TO 4)

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

ORDER Regard being had to the similitude of the controversy as all these matters were heard analogously and decided by this common order. For convenience's sake, facts as narrated in W.P. No.10502/2020 are taken into consideration.

2. Instant petition under Article 226 of Constitution of India is preferred by the petitioners taking exception to order dated 29.09.2003 passed by Secretary, Madhya Pradesh State Electricity Board whereby, decision has been taken that different orders/circulars/classifications issued from time to time by the Board shall not be acted upon until further orders. Therefore, benefit of higher pay scale be awarded to the petitioners has been taken away, therefore, these petitions have been preferred.

3. Precisely stated facts of the case are that all the petitioners were initially appointed on the post of Junior Engineer in erstwhile Madhya Pradesh State Electricity Board (herein after referred to as "Board"). Board issued a Time Bound Promotion Scheme (TBPS) on 07.05.1999 and as per the said Policy, an employee who had completed 15 years of service was to be promoted on the next higher post and if he is not promoted then he was given the benefit of Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

TBPS as per the different schemes promulgated from time to time.

4. Petitioners have completed said qualifying service in the year 2001 and at that time policy dated 07.05.1999 was in existence, therefore, they were entitled to get the benefit. Some of the petitioners were promoted on the post of Assistant Engineer, but subsequently, no promotion has been given till date.

5. It is the submission of learned counsel for the petitioners that initially petitioners preferred the petition seeking relief of Time Bound Promotion Scheme, but when they came to know about the circular of the year 2003, then they challenged the said circular also by way of amendment in the petition. He relied upon the order dated 28.02.2006 passed in W.P. No.108/2006(s) by Indore Bench of this Court, which was put to test before the Division Bench. The same was dismissed and an SLP preferred by the respondents has also been dismissed in the year 2014. He also relied upon the order dated 19.04.2018 passed in W.P. No.10339/2011 by this Court whereby some of the petitioners, who have filed the writ petition were given the benefit as sought by them. According to him, approach of respondents is arbitrary, illegal and contrary to statutory rights of the petitioners.

6. Respondents have filed the reply and contested the case. Respondents filed the reply and opposed the contentions raised by the petitioners. Respondents raised the preliminary objection regarding delay and laches. When petitioners are claiming the benefit of TBPS which was introduced in the year 1999, then delay in filing the petition in the year 2020 after lapse of more than 20 years makes the case vulnerable on the touchstone of delay and latches, specially when no plausible justification has been made.

7. According to respondents, TBPS scheme was introduced by the erstwhile Board in the year 1999. Later on, Madhya Pradesh State Electricity Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

Board was disintegrated into six different entities i.e. (1) Madhya Pradesh Power Management Company, (2) Madhya Pradesh Power Generation Company, (3) Madhya Pradesh Power Transmission Company and (4) Three Madhya Pradesh Power Distribution Companies viz Central, Western and Eastern Power Distribution Companies. Apparently, before the disintegration, Board issued order dated 29.09.2003 by which circular dated 07.05.1999 and other circulars were kept in abeyance till further orders. Impliedly, the benefits which were flowing from the different circulars/orders/classifications were put on hold although an exception was carved out in which those employees who faced procedural delays and deficiency in papers whereas their juniors have availed the benefits then only they were permitted to be taken into consideration, otherwise not. Therefore, it is specific submission of respondents that no junior of petitioners has ever been given any benefit of TBPS so as to cause any discrimination to petitioners.

8. So far as parity vis-a-vis other cases referred above is concerned, those were the cases in which question was raised that when petitioners received benefits of TBPS and later on, promoted substantively on the said post then question arose regarding fixation of seniority from which date and in that fact situation, the Court (including learned Division Bench) held that seniority shall be reckon from the date when benefits of TBPS were extended to the employees. Therefore, on factual contours, case of petitioners moves in different factual realm. He prayed for dismissal of this petition. He relied upon judgment passed by the Full Bench of this Court in case of M.P. Electricity Board Jabalpur and others vs. S. K. Dubey, 2014 (1) MPLJ (F.B.) 348 and submitted that TBPS is not a vested right of the employees.

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

9. Heard counsel for the parties at length and perused the documents appended thereto.

10. This is the case where petitioners are taking exception to the circular dated 29.09.2003 passed by the Madhya Pradesh State Electricity Board on the ground that it is arbitrary and illegal. Incidentally, the circular was not challenged by the petitioners initially, but by way of amendment in writ petition (I.A. No.11607/2021), the said relief was amended. Main ground of attack is the judgment passed by learned Division Bench in this matter but no pleadings have

been made by the petitioners in respect of ground of attack over the circular dated 29.09.2003 (filed with the reply as Annexure-R/1). So far as circular of the Board is concerned, it was passed in 2003 and petitioners have preferred this petition in the year 2020 after delay of 17 years. No plausible explanation has been given for such delay. Therefore, petition deserves to be dismissed on the count of delay and laches alone.

11. Be that as it may, if the case is tested on the anvil of merits also, then it appears that no case is made out for petitioners because when an uniform policy has been adopted by the respondents in which it is respondents specific submissions that no junior vis-a-vis petitioners has been promoted because of withholding of circular dated 29.09.2003, then whole edifices of arguments crumble. It is the policy decision reflected through circular dated 29.09.2003 and respondents cannot be compelled to act in a particular manner. Because of financial or other implications, if any conscious decision has been taken by the Board, then same cannot be interfered with on the pretext of alleged rights of petitioners. Grant of TBPS to petitioners is not a fundamental and statutory right per se. It is based upon executive decision subject to availability of resources and administrative convenience. Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

12. Even perusal of the circular dated 18.08.2012 (Annexure-P/12) indicates that after disintegration and merger of MPSEB with Madhya Pradesh Power Management Company Limited, Company adopted the circulars/orders/notifications/regulations which were in force on 26.04.2012 except for those which have already been adopted by the company. It was also clarified that companies regulations/circulars/orders shall prevail wherever they are at variance meaning thereby that after disintegration of Board, the resolutions/regulations of Power Management Company shall prevail and not otherwise. No such shceme has been devised by the company, supplementing the benefits extended by the Board earlier vide circular dated 07.05.1999 or other related circulars. Therefore, no such benefit like T.B.P.S. can be given at present.

13. So far as submissions of petitioners regarding Writ Appeal No.857/2018 (bunch of petitions) and judgment dated 13.08.2018 is concerned, it appears that said judgment moves in different factual realm and it has nothing to do with the point raised by the petitioners in present case. So far as judgment passed by Indore Bench in W.P. No.108/2006(s) dated 28.02.2006 is concerned, it also raises different point regarding promotion of Junior Engineers to Assistant Engineers. It also moves in difference factual realm because there the question was whether the date of assuming charge after promotion would be the appropriate date or the date when Junior Engineers got benefits of Time Bound Promotion Scheme and there the learned Court held that since Time Bound Promotion Scheme also contemplates scrutiny like in a case of promotion, therefore, from the date of grant of Time Bound Promotion Scheme would be applicable rather than date of assuming the charge on promotion.

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM

Here no such dispute exists. Infact, here the petitioners are seeking revival of TBPS scheme dated 07.05.1999, which has been eclipse in view of the circular dated 29.09.2003 issued by the Board.

14. Apparently, it appears that circular dated 29.09.2003 was also issued by the Madhya Pradesh State Electricity Board before it got disintegrated and re-shaped into different Power Companies as referred above. Therefore, the very entity which issued different circulars as mentioned in the said circular dated 29.09.2003 including the circular dated 07.05.1999, rescinded from continuance of TBPS.

15. In the considered opinion of this Court, when employer has taken a conscious decision not to continue with the TBPS scheme further and when respondents specifically submitted that no junior to petitioners has been given benefit of TBPS, then petitioners cannot claim the said benefits arising out of the circular dated 07.05.1999 which has already been eclipsed by circular dated 29.09.2003.

16. Resultantly, all writ petitions preferred by the petitioners fail and are hereby dismissed. No Costs.

(ANAND PATHAK) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/24/2023 4:31:20 PM