The State Of Madhya Pradesh vs Tulsiram Vishwakarma
2023 Latest Caselaw 3304 MP

                                                     1

                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                   BEFORE
                                        HON'BLE SHRI JUSTICE SUJOY PAUL
                                          ON THE 23 rd OF FEBRUARY, 2023
                                         REVIEW PETITION No. 282 of 2020

                          BETWEEN:-
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                SECRETARY WATER RESOURCE DEPARTMENT
                                MANTRALAYA VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    RAJEEV SUKUMAR SUKLIKAR ENGINEER IN
                                CHIEF WATER RESOURCE DEPARTMENT TULSI
                                NAGAR NARMADA BHAWAN BHOPAL (MADHYA
                                PRADESH)

                          3.    SUPERINTENDING ENGINEER E/M DEPARTMENT
                                OF WATER    RESOURCES CIRCLE JABALPUR
                                (MADHYA PRADESH)

                          4.    EXECUTIVE    ENGINEER     E/M,  H.E.M.,
                                DEPARTMENT OF WATER RESOURCES DIVISION
                                BALAGHAT (MADHYA PRADESH)

                          5.    JOINT DIRECTOR TREASURY AND PENSION
                                DIVISION JABALPUR (MADHYA PRADESH)

                                                                           .....PETITIONER
                          (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE)

                          AND
                          1.    LEKH SINGH YADAV S/O LATE SHRI GULAB
                                SINGH YADAV, AGED ABOUT 54 YEARS,
                                OCCUPATION: PROGRESS MAN, DEPARTMENT
                                OF WATER RESOURCES, PRESENTLY POSTED IN
                                THE OFFICE OF SUB DIVISIONAL OFFICER R/O
                                F.O.M. SUB DIVISION DEPARTMENT OF WATER
                                RESOURCES        CHHINDWARA,    DISTRICT
                                CHHINDWARA, M.P. (MADHYA PRADESH)

                          2.    DURGESH KUMAR HARDAHA S/O T.C. HARDAHA,
                                AGED   ABOUT   40  YEARS, OCCUPATION:
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 2/28/2023
12:27:59 PM
                                                        2
                                PROGRESSMAN WITH DEPARTMENT OF WATER
                                RESOURCES AND PRESENTLY POSTED IN THE
                                WATER RESOURCES PRESENTLY POSTED IN THE
                                OFFICE OF SUB DIVISIONAL OFFICER, E/M FOM
                                SUB DIVISION DEPARTMENT OF WATER
                                RESOURCES, CHHINDWARA (MADHYA PRADESH)

                                                                              .....RESPONDENTS

(BY SHRI - R.C. SHARMA - ADVOCATE )

REVIEW PETITION No. 279 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THROUGH ITS SECRETARY WATER RESOURCE DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

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

3. EXECUTIVE ENGINEER E/M, H.E.M. WATER RESOURCES DEPARTMENT AMARKANTAK BHAWAN, DIVISION BHOPAL (MADHYA PRADESH)

4. JOINT DIRECTOR TREASURY AND PENSION KHANDWA (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE )

AND

1. NARENDRA JOSHI S/O LATE SHRI S.L. JOSHI, AGED ABOUT 59 YEARS, OCCUPATION: PROGRESS MAN IN THE OFFICE OF SUB DIVISIONAL OFFICER(E/M) R/O DISTRICT KATNI, M.P. (MADHYA PRADESH)

2. ASHOK NIMBHORKER S/O RAGHUNATH NIMBHORKER, AGED ABOUT 52 YEARS, OCCUPATION: PROGRESSMAN SUB DIVISIONAL OFFICER WATER RESOURCES FOM (HEAVY MACHINERY) SUB DIVISION KHANDWA (MADHYA PRADESH)

.....RESPONDENTS Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

(NONE FOR THE RESPONDENTS )

REVIEW PETITION No. 281 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THROUGH ITS SECRETARY WATER RESOURCE DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. ENGINEER IN CHIEF PUBLIC WORKS DEPARTMENT TULSI NAGAR BHOPAL (MADHYA PRADESH)

3. CHIEF ENGINEER UPPER BAIN GANGA OFFICE DISTT. SEONI (MADHYA PRADESH)

4. EXECUTIVE ENGINEER DHOBA TORIYA PROJECT WATER RESOURCES DEPTT. DISTT . MANDLA (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE)

AND PURUSOTTAMLAL HARDAHA S/O SUMARULAL HARDAHA, AGED ABOUT 58 YEARS, OCCUPATION: TIME KEEPER IN THE OFFICE OF EECUTIVE ENGINEER, WATER RESOURCES DIVISION, MANDLA, M.P. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI RAMGOPAL RAI - ADVOCATE )

REVIEW PETITION No. 291 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THR. ITS SECRETARY WATER RESOURCE DEPT. MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. ENGINEER IN CHIEF WATER RESOURCE DEPARTMENT TULSI NAGAR BHOPAL (MADHYA PRADESH)

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

3. SUPERINTENDING ENGINEER E/M, DEPARTMENT OF WATER RESOURCES CIRCLE JABALPUR (MADHYA PRADESH)

4. EXECUTIVE ENGINEER E/M, H.E.M., DEPARTMENT OF WATER RESOURCES DIVISION BALAGHAT (MADHYA PRADESH)

5. JOINT DIRECTOR TREASURY AND PENSION DIVISION JABALPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE )

AND

1. Y.M. QURESHI S/O LATE ABDUL GANI QURESHI, AGED ABOUT 63 YEARS, OCCUPATION: PROGRESH MAN (RETD.)M POSTED IN THE OFFICE OF SUB DIVISIONAL OFFICER E/M R.W.S. DEPT. OF WATER RESOURECE SUB DIVISION BALAGHAT WARD N. 12 HARIOM NAAR TEH. LALBARA DIST. BALAGHAT (MADHYA PRADESH)

2. ASHOK NIMBHORKER S/O RAGHUNATH NIMBHORKER, AGED ABOUT 52 YEARS, OCCUPATION: PROGRESSMAN SUB DIVISIONAL OFFICER, WATER RESOURCES FOM (HEAVY MACHINERY), SUB DIVISION KHANDWA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI R.C. SHARMA - ADVOCATE )

REVIEW PETITION No. 296 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. SHRI RAJIV KUMAR SUKLIKAR ENGINEER IN CHIEF WATER RESOURCE DEPARTMENT TULSI NAGAR NARMADA BHAWAN BHOPAL (MADHYA PRADESH)

3. SUPERINTENDENT ENGINEER E/M, H.E.M., WATER RESOURCES DEPARTMENT DIVISION BALAGHAT (MADHYA PRADESH) Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

4. EXECUTIVE ENGINEER E/M, H.E.M., WATER RESOURCES DEPARTMENT DIVISION BALAGHAT (MADHYA PRADESH)

5. JOINT DIRECTOR TREASURY AND PENSION DIVISION BALAGHAT (MADHYA PRADESH)

6. JOINT DIRECTOR TREASURY AND PENSION KHANDWA (MADHYA PRADESH)

.....PETITIONER (BY SHRI - ANKIT AGRAWAL - GOVT. ADVOCATE)

AND

1. CHANDULAL HIRKANE S/O LATE SHRI BHAGCHAND HIRKANE, AGED ABOUT 66 YEARS, OCCUPATION: PROGRESS MAN (TETIRED) IN THE OFFICE OF SUB DIVISIONAL OFFICER M/M RWS DEPARTMENT OF WATER RESOURCES SUB DIVISION BALAGHAT R/O WARD NO. 1 ITI ROAD NEAR BOUDHVIHAR BALAGHAT (MADHYA PRADESH)

2. INDAL BIJEWAR S/O LATE SHRI HIRAMAN BIJEWAR, AGED ABOUT 63 YEARS, OCCUPATION: RETIRED PROGRESSMAN, OFFICER OF SUB DIVISIONAL OFFICER, E/M RWS DEPARTMENT OF WATER RESOURCES, SUB DIVISION BALAGHAT WARD NO. 1, NEAR MATA MANDIR, BUDHI BALAGHAT (MADHYA PRADESH)

3. SUKHDEO BADGAIYAN S/O LATE SHRI ULLESH BADGAIYAN, AGED ABOUT 62 YEARS, OCCUPATION: RETIRED PROGRESSMAN, OFFICER OF SUB DIVISIONAL OFFICER, E/M RWS DEPARTMENT OF WATER RESOURCES, SUB DIVISION BALAGHAT WARD NO. 2, BHATERA CHOUKI, BALAGHAT (MADHYA PRADESH)

4. RAMESHWAR PANCHE S/O LATE SHRI JAILAL PANCHE, AGED ABOUT 63 YEARS, OCCUPATION: RETIRED PROGRESSMAN, OFFICER OF SUB DIVISIONAL OFFICER, E/M RWS DEPARTMENT OF WATER RESOURCES, SUB DIVISION BALAGHAT SARASWATI NAGAR, NEW TELEPHONE EXCHANGE, WARD NO. 30, SARASWATI NAGAR, BALAGHAT (MADHYA PRADESH)

5. KOMALGIRI GOSWAMI S/O LATE SHRI Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

BHUWANGIRI, AGED ABOUT 63 YEARS, OCCUPATION: RETIRED PROGRESSMAN OFFICER OF SUB DIVISIONAL OFFICER, E/M RWS DEPARTMENT OF WATER RESOURCES, SUB DIVISION BALAGHAT (MADHYA PRADESH)

6. SUNIL KUMAR BHANDEKAR S/O SHRI S.K.

BHANDEKAR, AGED ABOUT 54 YEARS, OCCUPATION: RETIRED PROGRESSMAN, OFFICER OF SUB DIVISIONAL OFFICER, E/M RWS DEPARTMENT OF WATER RESOURCES, SUB DIVISION BALAGHAT SUB DIVISION BALAGHAT (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI R.C. SHARMA - ADVOCATE )

REVIEW PETITION No. 327 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THR SECRETARY WATER RESOURCE DEPT. MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. ENGINEER IN CHIEF WATER RESOURCE D EPARTM EN T BAIN GANGA BASIN SEONI (MADHYA PRADESH)

3. CHIEF ENGINEER WATER RESOURCE D EPARTM EN T BAIN GANGA BASIN SEONI (MADHYA PRADESH)

4. EXECUTIVE ENGINEER HIRAN WATER RESOURCE DEPARTMENT PACHPADI JABALPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE )

AND RAMKUMARI THAKUR W/O LATE SHRI NARAYAN SINGH THAKUR, AGED ABOUT 55 YEARS, OCCUPATION: TIME KEEPER OFFICE OF EXECUTIVE ENGINEER WATER RESOURCES DEPT. HIRAN DIVISION PACHPEDI, JABALPUR R/O. SIDDHESHWAR COLONY GOTEGAON (MADHYA PRADESH)

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

.....RESPONDENTS (BY SHRI VIPIN YADAV AND SHRI R.C. SHARMA - ADVOCATES)

REVIEW PETITION No. 328 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THROUGH ITS SECRETARY WATER RESOURCE DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE ENGINEER IN CHIEF WATER RESOURCE D EPARTM EN T SATPUDA BHAWAN BHOPAL (MADHYA PRADESH)

3. THE RAJIV SHUKLA SUKLIKAR ENGINEER IN C H I E F WATER RESOURCE DEPARTMENT DISTT.BHOPAL (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE)

AND H.K. KATARE S/O SHRI PANNA LAL KATRE, AGED ABOUT 57 YEARS, OCCUPATION: TIME KEEPER OFFICE EXECUTIVE ENGINEER WATER RESOURCES DEPARTMENT HIRAN DIVISION PACHEPEDI , JABALPUR R/O SHARDA COLONY BURMANKAL TEHSIL KARELI, DISTRICT NARSINGHPUR, M.P. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI VIPIN YADAV AND SHRI R.C. SHARMA - ADVOCATES)

REVIEW PETITION No. 329 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THR SECRETARY WATER RESOURCES DEPT MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. ENGINEER IN CHIEF WATER RESOURCE DEPARTMENT TULSI NAGAR BHOPAL (MADHYA PRADESH)

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

3. VICE CHAIRMAN NARMADA VALLAY D EVLOPM EN T VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

4. RAJEEV SUKLIKAR, ENGINEER IN CHIEF WATER RESOURCE DEPARTMENT DISTT-BHOPAL (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE )

AND GHANSHYAM SAHU S/O RIKKHILAL SAHU, AGED ABOUT 70 YEARS, OCCUPATION: TIME KEEPER RETD OFFICE OF SUB DIVISION SEMRI HARCHAND DIVISION SOHAGPUR STATION ROAD IN FRONT OF TAW COLONY SEMRI HARCHAND TEHSIL SAHAGPUR DIST HOSHANGABAD (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI VIPIN YADAV AND SHRI R.C. SHARMA - ADVOCATES )

REVIEW PETITION No. 331 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THR ITS SECRETARY WATER REOSRUCES DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. ENGINEER IN CHIEF WATER RESOURCE D EPARTM EN T TULSI NAGAR DISTT.BHOPAL (MADHYA PRADESH)

3. CHIEF ENGINEER WATER RESOURCE DEPARTMENT DISTT.SEONI (MADHYA PRADESH)

4. EXECUTIVE ENGINEER WATER RESOURCE D E PA R T M E N T PACHPADI DISTT.JABALPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE)

AND BRAJLAL NAMDEO S/O SHRI BABULAL NAMDEO, Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

AGED ABOUT 60 YEARS, OCCUPATION: TIME KEEPER (RETD.) OFFICE OF EXECUTIVE ENGINEER, WATER RESOURCES DEPT., PACHPEDI JABALPUR R/O. KAMARTH WARD JAMUNA SANKRACHARYA COLONY GOTEGAON (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI VIPIN YADAV AND SHRI R.C. SHARMA - ADVOCATES )

REVIEW PETITION No. 332 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THROUGH ITS SECRETARY WATER RESOURCE DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. ENGINEER IN CHIEF WATER RESOURCE D EPARTM EN T SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

3. EXECUTIVE ENGINEER HIRAN WATER RESOURCE DEPTT. PANCHPADI JABALPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE )

AND TULSIRAM VISHWAKARMA S/O SHRI SHIVSAHAY VISHWAKARMA, AGED ABOUT 65 YEARS, OCCUPATION: TIME KEEPER (RETIRED) OFFICE OF EXECUTIVE ENGINEER WATER RESOURCES DEPARTMENT NARSINGHPUR R/O VILLAGE AND POST HIRANPUR, DISTRICT NARSINGHPUR, M.P. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI VIPIN YADAV AND SHRI R.C. SHARMA - ADVOCATES)

REVIEW PETITION No. 333 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THR ITS SECRETARY WATER RESOURCES DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

(MADHYA PRADESH)

2. ENGINEER IN CHIEF WATER RESOURCE D EPARTM EN T TULSI NAGAR DISTT.BHOPAL (MADHYA PRADESH)

3. THE CHIEF ENGINEER WATER RESOURCE DEPARTM ENT BAIN GANGA KACHHAR SEONI (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT ADVOCATE)

AND

1. BHOLA PARASAD CHOURASIA S/O LATE SHRI SUNDER LAL CHOURASIA, AGED ABOUT 52 YEARS, OCCUPATION: DATA ASSISTANT OFFICE

KUNDAM R/O. DISTT. JABALPUR (MADHYA PRADESH)

2. SURYABHAN TRIPATHI S/O LATE CHANDRIKA PRASAD TRIPATHI, AGED ABOUT 55 YEARS, OCCUPATION: PUMP OPERATOR OFFICE OF SUB DIVISION OFFICER SUB DIVISION MEHGAOTALA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI VIPIN YADAV AND SHRI R.C. SHARMA - ADVOCATES)

REVIEW PETITION No. 349 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THR. ITS SECRETARY WATER RESOURCE DEPARTMENT MANTRALAYA VALLABH BHAWAN, BHOPAL M.P. (MADHYA PRADESH)

2. ENGINEER IN CHIEF WATER RESOURCE DEPARTMENT TULSI NAGAR BHOPAL (MADHYA PRADESH)

3. SHRI RAJEEV KUMAR SUKIKAR CHIEF ENGINEER WATER RESOURCE DEPARTMENT TULSI NAGAR BHOPAL (MADHYA PRADESH)

4. CHIEF ENGINEER BAN SAGAR PRIYOJANA GANGA KACHHAR REWA (MADHYA PRADESH) Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

5. EXECUTIVE ENGINEER BAN SAGAR PRIYOJANA PAKKA BANDH SAMBHAG DEVLOND DISTT. SHAHDOL (MADHYA PRADESH)

6. JOINT DIRECTOR TREASURY AND PENSION DIVISION BHOPAL (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE)

AND RAMAPATI JAISWAL S/O SHRI BHARAT PRASAD JAISWAL, AGED ABOUT 58 YEARS, OCCUPATION: SERVICE WORKING AS TIME KEEPER IN O/O EXECUTIVE ENGINEER BAN SAGAR PAKKA BANDH DIVISION DEVLOND DISTT. SHAHDOL M.P. (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR THE RESPONDENTS)

REVIEW PETITION No. 434 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THROUGH ITS SECRETARY WATER RESOURCE DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE ENGINEER IN CHIEF WATER RESOURCE D E P A R T M E N T DISTT.BHOPAL (MADHYA PRADESH)

3. THE EXECUTIVE ENGINEER TILWARA LEFT TURN CANAL KEVLARI TILWARA LEFT TURN CANAL KEVLARI (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE)

AND SUNITA KARTIKEY W/O LATE MOOLCHAND KARTIKEY, AGED ABOUT 47 YEARS, OCCUPATION: TIME KEEPER OFFICE OF EXECUTIVE ENGINEER WATER RESOURCES DEPARTMENT R/O VILLAGE SARRAI POST CHINDA, TEHSIL KEOLARI, DISTRICT SEONI, M.P. (MADHYA Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

PRADESH)

.....RESPONDENTS (NONE FOR THE RESPONDENTS )

REVIEW PETITION No. 460 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THR PRINCIPAL SECRETARY WATER RESOURCES DEPT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE ENGINEER IN CHIEF PUBLIC WORKS DEPT.

R/O. NARMADA BHAWAN TULSI NAGAR (MADHYA PRADESH)

3. THE EXUCTIVE ENGINEER, WATER RESOURCE D EPARTM EN T R/O. DIVISION NO. 1 SEONI (MADHYA PRADESH)

4. THE DISTRICT PENSION OFFICER JABALPUR R/O.

CIVIL LINE JABALPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE )

AND JHANAKLAL S/O LATE BASANLAL JHARIYA, AGED ABOUT 61 YEARS, OCCUPATION: TIME KEEPER RETD WATER RESOURCES DEPT DIVISION NO 1 SEONI HANUMAN COLONY CHHAPARA TEHSIL CHHAPARA SEONI DIST SEONI (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI RAM GOPAL RAI - ADVOCATE)

REVIEW PETITION No. 720 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THR. ITS SECRETARY WATER RESOURCE DEPT. VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. ENGINEER IN CHIEF NARMADA BHAWAN WATER Signature Not Verified RESOURCES DEPARTMENT NARMADA BHAWAN Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

BHOPAL (MADHYA PRADESH)

3. RAJIV KUMAR SHKLIKAR ENGINEER IN CHIEF WATER RESOURCE DEPARTMENT DISTT.BHOPAL (MADHYA PRADESH)

4. EXECUTIVE ENGINEER WATER RESOURCE D E P A R T M E N T DISTT.BHOPAL (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE )

AND RAM BAHORE TIWARI S/O LATE SHRI RAM KRIPAL TIWARI, AGED ABOUT 67 YEARS, OCCUPATION: TIMERKEEPER (REDT.) OFFICE OF EXECUTIVE ENGINEER WATER RESOURCES DIVISION UMARIA DIST. UMARIA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI VIPIN YADAV AND SHRI R.C. SHARMA - ADVOCATES )

REVIEW PETITION No. 773 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THR. ITS PRINCIPAL SECRETARY WATER RESOURCE DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. ENGINEER IN CHIEF WATER RESOURCE DEPARTMENT TULSI NAGAR BHOPAL (MADHYA PRADESH)

3. CHIEF ENGINEER LIGHT MACHINERY AND VIDYUT YANTRIKI DISTT. BHOPAL (MADHYA PRADESH)

4. CHIEF ENGINEER BAN SAGAR PAROYOJANA GANGA KACHHAR REWA (MADHYA PRADESH)

5. EXECUTIVE ENGINEER PURWA CANAL DIVISION NO. 2 SATNA (MADHYA PRADESH)

6. EXECUTIVE ENGINEER LIGHT MACHINERY AND VIDYUT YANTRIKI REWA (MADHYA PRADESH) Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

7. JOINT DIRECTOR DIRECTORATE OF TREASURY AND ACCOUNTS PENSION DIVISION BHOPAL (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE )

AND

1. RAMNIHOR KOL S/O SHRI BRIJIBHAN KOL, AGED ABOUT 50 YEARS, OCCUPATION: WORKING AS TIME KEEPER O/O EXECUTIVE ENGINEER PURWA CANAL DIVISION NO.2 SATNA R/O SATNA (MADHYA PRADESH)

2. K.P GOLE S/O SHRI C.L GOLE, AGED ABOUT 53 YE A R S , OCCUPATION: WORKING AS TIME KEEPER O/O EXECUTIVE ENGINEER PURWA CANAL DIVISION NO. 2 SATNA DISTT. SATNA (M.P.) (MADHYA PRADESH)

3. SURYA PRAKASH SHUKLA S/O SHRI SHIV BALAK PRASAD SHUKLA, AGED ABOUT 55 YEARS, OCCUPATION: WORKING AS TIME KEEPER O/O EXECUTIVE ENGINEER PURWA CANAL DIVISION NO. 2 SATNA DISTT. SATNA (M.P.) (MADHYA PRADESH)

4. SHIV DAYAL GUPTA S/O LATE SHRI SURYABHAN GUPTA OCCUPATION: WORKING AS TIME KEEPER LIGHT MACHINERY AND VIDYUT YANTIKI DIVISION REWA (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR THE RESPONDENTS)

REVIEW PETITION No. 875 of 2020

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THR. ITS PRINCIPAL SECRETARY WATER RESOURCE DEPT. MANTRALAYA VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. ENGINEER IN CHIEF WATER RESOURCE D EPARTM EN T SATPURA BHAWAN BHOPAL (MADHYA PRADESH)

3. SHRI RAJIV KUMAR SUKLIKAR ENGINEER IN Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

CHIEF WATER RESOURCE DEPARTMENT BHOPAL (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE )

AND LALLAN SINGH DIKHIT S/O LATE SHRI RADHIKA SINGH, AGED ABOUT 68 YEARS, OCCUPATION: WORKED AS TIMEKEEPER (RETD.) OFFICE OF EXECUTIVE ENGINEER LIGHT MACHINERY E/M DIVISION NARSINGHPUR 836/3 CHANDRIKA APARTMENT BEHIND KALIMATH MADAN MAHAL DIST. JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI VIPIN YADAV AND SHRI R.C. SHARMA - ADVOCATES)

REVIEW PETITION No. 574 of 2021

BETWEEN:-

1. THE STATE OF MADHYA PRADESH THR.

PRINCIPAL SECRETARY WATER RESOURCE DEPT. MANTRALAYA VALLABH BHAWAN (MADHYA PRADESH)

2. THE RAJEEV KUMAR SUKLIKAR, ENGINEER IN CHIEF WATER RESOURCE DEPARTMENT TULSI NAGAR NARMADA BHAWAN BHOPAL MP (MADHYA PRADESH)

3. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT WATER RESOURCE DEPARTMENT HOSHANGABAD DISTT. HOSHANGABAD (MADHYA PRADESH)

4. THE EXECUTIVE ENGINEER WATER RESOURCE DEPARTMENT TAVA PROJECT DIVISION ITARSI, DISTT. HOSHANGABAD (MADHYA PRADESH)

5. THE EXECUTIVE ENGINEER, JABALPUR WATER RESOURCE DEPARTMENT TAVA PROJECT DIVISION SEONI MALVA, DISTT. HOSHANGABAD (MADHYA PRADESH)

6. THE JOINT DIRECTOR DIRECTORATE OF TREASURY AND PENSION , DIVISION BHOPAL DISTT. BHOPAL, M.P. (MADHYA PRADESH) Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

.....PETITIONER (BY SHRI ANKIT AGRAWAL - GOVT. ADVOCATE)

AND

1. BASHARAT KHAN S/O LATE SHRI KARAMAT KHAN, AGED ABOUT 42 YEARS, OCCUPATION: TIMEKEEPER (FIELD ASST.) DIVISION TAWA NAGAR DIVISION ITARSI DIST. HOSHANGABAD MP (MADHYA PRADESH)

2. NARAYAN SINGH BUNDELA S/O LATE SHRI BIHARILAL BUNDELA, AGED ABOUT 60 YEARS, OCCUPATION: TIMEKEEPER (RETD.) DEPARTMENT OF WATER RESOURCES, SUB DIVISIN TAVA NAGAR DIVISION ITARSI, R/O HOSHANGABAD, DIST. HOSHANGABAD (MADHYA PRADESH)

3. BRIJESH KUMAR SHRIVASTAVA S/O LATE KAMTA PRASAD SHRIVASTAVA, AGED ABOUT 58 Y E A R S , OCCUPATION: TIMEKEEPER DEPARTMENT OF WATER RESOURCES, SUB DIVISIN TAVA NAGAR DIVISION ITARSI, R/O HOSHANGABAD, DIST. HOSHANGABAD (MADHYA PRADESH)

4. RAJKUMAR SONARE S/O GANPAT RAO SONARE, AGED ABOUT 48 YEARS, OCCUPATION: TIMEKEEPER DEPARTMENT OF WATER RESOURCES, SUB DIVISIN TAVA NAGAR DIVISION ITARSI, R/O HOSHANGABAD, DIST. HOSHANGABAD (MADHYA PRADESH)

5. SHIVAN KUTTY NAIR S/O S.R. NAIR, AGED ABOUT 57 YEARS, OCCUPATION: TIMEKEEPER DEPARTMENT OF WATER RESOURCES, SUB DIVISIN TAVA NAGAR DIVISION ITARSI, R/O HOSHANGABAD, DIST. HOSHANGABAD (MADHYA PRADESH)

6. YOGENDRA KUMAR PARASHAR S/O NANHELAL PARASHAR, AGED ABOUT 59 YEARS, OCCUPATION: TIMEKEEPER DEPARTMENT OF WATER RESOURCES, SUB DIVISIN TAVA NAGAR DIVISION ITARSI, R/O HOSHANGABAD, DIST. HOSHANGABAD (MADHYA PRADESH)

7. MAHENDRA KUMAR CHOUREY S/O R.S.

CHOUREY, AGED ABOUT 60 YEARS, OCCUPATION: TIMEKEEPER (RETD.) DEPARTMENT OF WATER Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

RESOURCES, SUB DIVISIN TAVA NAGAR DIVISION ITARSI, R/O HOSHANGABAD, DIST. HOSHANGABAD (MADHYA PRADESH)

8. HAMID KHAN S/O MAJID KHAN, AGED ABOUT 59 Y E A R S , OCCUPATION: TIMEKEEPER DEPARTMENT OF WATER RESOURCES, SUB DIVISIN TAVA NAGAR DIVISION ITARSI, R/O HOSHANGABAD, DIST. HOSHANGABAD (MADHYA PRADESH)

9. ASHOK KUMAR DHOULPURIYA S/O CHOTELAL DHOULPURIYA, AGED ABOUT 57 YEARS, OCCUPATION: TIMEKEEPER DEPARTMENT OF WATER RESOURCES, SUB DIVISIN TAVA NAGAR DIVISION ITARSI, R/O HOSHANGABAD, DIST. HOSHANGABAD (MADHYA PRADESH)

10. ASHOK KUMAR SHARMA S/O LATE SHRI PREMSHANKAR SHARMA, AGED ABOUT 58 Y E A R S , OCCUPATION: TIMEKEEPER DEPARTMENT OF WATER RESOURCES, SUB DIVISIN TAVA NAGAR DIVISION ITARSI, R/O HOSHANGABAD, DIST. HOSHANGABAD (MADHYA PRADESH)

11. SUKHRAM PAWAR S/O LATE SHRI SHYAMRAO PAWAR, AGED ABOUT 59 YEARS, OCCUPATION: TIMEKEEPER DEPARTMENT OF WATER RESOURCES, SUB DIVISIN TAVA NAGAR DIVISION ITARSI, R/O HOSHANGABAD, DIST. HOSHANGABAD (MADHYA PRADESH)

12. NARAYAN PRASAD SAHU S/O LATE SHRI TULSIRAM SAHU, AGED ABOUT 60 YEARS, OCCUPATION: TIMEKEEPER (RETD.) DEPARTMENT OF WATER RESOURCES, SUB DIVISIN TAVA NAGAR DIVISION ITARSI, R/O HOSHANGABAD, DIST. HOSHANGABAD (MADHYA PRADESH)

13. RAJENDRA SINGH RAJPUT S/O LATE SHRI RAMCHARAN SINGH RAJPUT, AGED ABOUT 57 Y E A R S , OCCUPATION: TIMEKEEPER DEPARTMENT OF WATER RESOURCES, SUB DIVISION DOLARIYA, DIVISION SEONI MALVA, R/O HOSHANGABAD , DISTT. HOSHANGABAD (MADHYA PRADESH)

14. MOHANLAL KUSHWAHA S/O LATE SHRI MUNSHILAL KUSHWAHA, AGED ABOUT 52 YEARS, OCCUPATION: TIMEKEEPER DEPARTMENT OF Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

WATER RESOURCES, SUB DIVISION DOLARIYA, DIVISION SEONI MALVA, R/O HOSHANGABAD , DISTT. HOSHANGABAD (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR THE RESPONDENTS )

These petitions coming on for hearing this day, th e court passed the following:

ORDER This common order will dispose of R.P. Nos. 720/2020, 279/2020, 281/2020, 282/2020, 291/2020, 296/2020, 327/2020, 328/2020, 329/2020, 331/2020, 332/2020, 333/2020, 349/2020, 434/2020, 460/2020, 773/2020, 875/2020 and 574/2021.

Learned Govt. Advocate for the petitioner / State raised two fold submissions. Firstly, It is argued that in T.A. No. 995/1988 (Kiran Rangnekar & Ors. Vs. State of M.P.), the erstwhile Madhya Pradesh State Administrative Tribunal passed the judgment dated 06.12.1998 and directed to grant pay scale of Amin to the applicants therein. Aggrieved State filed WP No. 940 / 2001 before this Court which was decided by judgment dated 02.02.2006 (Annexure RP-9). This Court by the said order reversed the order of Tribunal passed in T.A. No. 995/1988 (Kiran Rangnekar Vs. State of M.P.) . This order of this Court declining the relief of similar pay scale of Amin was never properly considered by the subsequent Benches. Secondly, the Gwalior Bench in WP No. 7363/ 2010 (Babulal Pachori and Ors. Vs State of M.P. & Ors.) considered the entire controversy in sufficient detail and opined that the time keeper / progress man cannot claim the benefit of pay scale of Amin. This order of Gwalior Bench passed in Babulal Pachori (supra) could not be cited before this Court during the hearing of WP No. 4413/2018 and other connected

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

matters and this Court without noticing the Coordinate Bench order in Babulal Pachori (Supra) passed the order under review on 25.09.2018.

In view of the recent orders passed by coordinate Bench in RP No. 145/2021 wherein certain Supreme Court judgments were taken into account, it is laid down that non-consideration of a Coordinate Bench judgment / order can become a ground for review.

Shri Ankit Agrawal, learned Govt. Advocate urged that no doubt in WA No. 478/2013 (State of M.P. & Ors. Vs. R.K. Lakhera and Ors.) a Division Bench of this Court mentioned both the judgments of A.L. Thakur (wherein relief to employees was granted) and Kiran Rangnekar (in which relief to employees was declined) but without there being any proper consideration, the Division Bench opined that the observation in this decision is of no avail to distinguish the decision in A.L. Thakur's case. Since in WP No. 16054/2003 ( A.L. Thakur & Ors. V. State of M.P. & Ors.) (Annexure RP-13), the learned Single Judge directed to grant the benefit of same pay scale to the time keeper / progress man which was available to Amin and said judgment of Single Bench got stamp of approval in WA No. 478/2013, in absence of proper consideration of judgment of Kiran Rangnekar (Supra) by the Division Bench, the matter deserves to be reviewed.

Shri Vipin Yadav assisted by Shri R.C. Sharma, Learned counsel for the respondents submits that when WP No. 16054 / 2003 (A.L.Thakur & Ors Vs. State of M.P. & Ors) was decided, the State while challenging it in W.A. took almost same grounds which are now taken in these batch of review petitions. R.P. No. 604/2014 filed against the Division Bench order in (State of M.P. & Ors. Vs. A.L. Thakur and Ors) was withdrawn on 15.06.2012. The SLP No. 21971 /2014 was filed against the Division Bench order dated 09.12.2013 Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

passed in WA No. 478/2013 which was dismissed in limine.

Shri Yadav has placed heavy reliance on order dated 09.12.2013 passed in WA. No. 478/2013 wherein both the orders passed by the Courts in A.L. Thakur and Kiran Rangnekar (supra). were considered and thereafter the Division Bench opined as under :-

"Counsel for the appellant has placed reliance on the decision of the Division Bench of this Court in the case of State of M.P. and Anr. Vs. Kiran Ragnekar and others in W.P. No. 940/2001 decided on 02.02.2006. However, in our opinion, the observation in this decision is of no avail to distinguish the Thakur'™s case (supra) relied upon by the learned Single Judge"

(Emphasis Supplied)

Thus, Shri Yadav submits that no case is made out for exercise of review jurisdiction. In support of his submission, he placed reliance on the judgment of S. Madhusudhan Reddy Vs. V. Narayana Reddy and Ors.

reported in 2022 Livelaw (SC) 685.

In rejoinder submission, Shri Ankit Agrawal, learned G.A. for the State / petitioners submits that the consideration of both the judgments passed in A.L.Thakur and Kiran Rangnekar (supra) is not properly made by the Division Bench in its order dated 09.12.2013. Against this order, the SLP was dismissed in limine and therefore, it cannot be said that the order dated 09.12.2013 either got stamp of approval from the Supreme Court or doctrine of merger can be pressed into service. In this backdrop, the order of Gwalior Bench in Babulal Pachori (supra) assumes significance which has not been pointed out to this Court in Lekh Sigh Yadav (supra).

Parties confined their arguments to the extent indicated above. Parties were heard at length.

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

This Court passed a detailed order dated 25.09.2018 which is under review. The Gwalior Bench's order in Babulal Pachori (supra) was not brought to the notice of this Court but that will not make any difference because this Bench is bound by the order of Division Bench. The Division Bench order in WA No.478/2013 R.K. Lakhera (supra) dated 09.12.2013 was considered in the order under review in para-13. Under the garb of review, matter cannot be permitted to be re-agitated or re-argued. As per judicial discipline, the Single Bench was bound by the order of Division Bench passed in WA No. 478/2013 ( State of M.P. & Ors. Vs. R.K. Lakhera and Ors.).

To sum up, even if there was a cleavage of opinion between two Division Benches in Kiran Rangnekar (supra) and A.L. Thakur (supra), both the said Division Bench judgments were considered by the subsequent Division Bench in R.K. Lakhera (supra). After considering the previous judgments, in R.K. Lakhera (supra) (W.A. No. 478/ 2013), the Division Bench opined the observation in Kiran Rangnekar is of no avail to distinguish A.L. Thakur's order.

The Special Bench ( 5 judges) of this Court in Jabalpur Bus Operators Association and Ors. Vs. State of M.P. and Ors reported in 2003 (1) M.P.H.T. 226 (FB) opined as under:-

"In case of conflict between two decisions of the Apex Court, Benches comprising of equal number of Judges, decision of earlier Bench is binding unless explained by the latter Bench of equal strength, in which case the later decision is binding. Decision of a Larger Bench is binding on smaller Benches"

(Emphasis Supplied) As per ratio decidendi of this five judges Bench judgment, the judgment of Division Bench in R.K. Lakhera (supra) was binding on the Single Bench.

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM

Thus, non-consideration of a Single Bench judgment in Babulal Pachori (supra) will not make any difference and cannot be a ground for review.

Thus, in my opinion, no case if made out to exercise review jurisdiction. Accordingly, review petitions are dismissed.

(SUJOY PAUL) JUDGE sarathe

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 2/28/2023 12:27:59 PM