Harvilas vs The State Of Madhya Pradesh
2023 Latest Caselaw 3069 MP

                                 1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                         BEFORE
       HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                ON THE 20 th OF FEBRUARY, 2023
                 WRIT PETITION No. 3718 of 2023

BETWEEN:-
HARVILAS S/O SHRI KANAHI, AGED ABOUT 63 YEARS,
OCCUPATION: SUPERANNUATED EMPLOYEE FORM
THE POST OF COOK, R/O VILLAGE JAWAHAR COLONY
DABRA, DISTT. GWALIOR (MADHYA PRADESH)

                                                    .....PETITIONER
(BY SHRI S.N. SETH- ADVOCATE )

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY WATER RESOURCES
      DEPARMENT, MANTRALAYA VALLABH BHAWAN
      BHOPAL (MADHYA PRADESH)

2.    THE ENGINEER- IN- CHIEF WATER RESOURCE
      DEPARTMENT JAL SANSADHAN JAL SANSADHAN
      BHAWAN TULSI NAGAR BHOPAL (MADHYA
      PRADESH)

3.    THE CHIEF ENGINEER YAMUNA BASIN WRD
      THATIPUR MORAR DISTT. GWALIOR (MADHYA
      PRADESH)

4.    THE  EXECUTIVE   ENGINEER HARSI WATER
      RESOURCES   DEPARTMENT DIVISION DABRA
      GWALIOR (MADHYA PRADESH)

5.    THE SUB DIVISIONAL OFFICER HARSI WRD SUB
      DIVISION DABRA, DISTT, GWALIOR (MADHYA
      PRADESH)

6.    THE DISTRICT TREASURY AND      ACCOUNT
      OFFICER    (PENSION) GWALIOR   (MADHYA
      PRADESH)

                                                  .....RESPONDENTS
                            2
(BY SHRI NEELESH TOMAR GOVT. ADVOCATE )

      Th is petition coming on for admission this day, JUSTICE MILIND
RAMESH PHADKE passed the following:
                                   ORDER

This petition under Article 226 of the Constitution of India has been filed seeking following reliefs:

i. The order Annexure P-1 declassifying the petitioner may kindly be set aside/ quashed.

ii. A direction may kindly be given to the respondent authorities to extend the benefit of minimum of pay scale of the post of Cook since the date of his classification till the date of superannuation.

iii. The arrears of salary should also be extended from the date of classification along with interest at the rate of 18% till the payment.

iv. Cost may also be ordered;

v. Any other relief which this Hon'ble Court may kindly be deem fit may kindly be granted.

By the impugned order dated 14.06.2022 classification order issued in favour of the petitioner has been cancelled. It is submitted by the counsel for the petitioner that this petition is covered by judgment dated 26.08.2021 passed by coordinate Bench of this Court in W.P. No.4018/2020 (Kamta Prasad Vs. State of Madhya Pradesh and others). The said order was challenged by the State by filing W.P. No.1166/2021 which too has been dismissed by the Division Bench of this Court by order dated 03.03.2022 and the order passed by the Writ Court was maintained except the cost which was imposed. Thus, it is submitted that in the light of the order passed in the case of Kamta Prasad (supra), the impugned order of cancellation of classification order is liable to be quashed.

Per contra, counsel for the State could not point out any distinguishable aspects and also admitted that the case in hand is duly covered by order passed by coordinate Bench of this Court in the case of Kamta Prasad (supra).

Heard the learned counsel for the parties.

T he controversy involved in the present case is duly covered by the order passed by coordinate Bench of this Court in the case of Kamta Prasad (supra). The order of classification of the petitioner was also cancelled after a direction was given to decide the representation for extending the benefit of minimum of pay scale as directed by the Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray and others reported in (2017) 3 SCC

436. In absence of any distinguishable features, this petition is also allowed in the terms and conditions of the order dated 26.08.2021 passed in W.P.No.4018/2020 and the impugned order dated 14.06.2022 by which the classification order of the petitioner was cancelled is hereby quashed.

Let the aforesaid exercise be completed within a period of four weeks from the date of receipt of certified copy of this order.

No order as to cost.

(MILIND RAMESH PHADKE) JUDGE ar

ABDUR RAHMAN 2023.02.21 12:12:56 +05'30'