Van Vibhag Sthai Karmchari Sangh ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 3459 MP

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                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE ANAND PATHAK
                                          ON THE 27 th OF FEBRUARY, 2023
                                          WRIT PETITION No. 4924 of 2023

                          BETWEEN:-
                          VAN VIBHAG STHAI KARMCHARI SANGH MANDLA
                          THROUGH ITS DISTRICT PRESIDENT SHRI SHEETAL
                          PRASAD CHOUBEY S/O LATE SHRI VISHNU PRASAD
                          CHOUBEY AGED ABOUT 53 YEARS OCCUPATION STHAI
                          KARMI VAN VIBHAG PACHIMMANDLA JAWAHAR
                          WARD, RANGE COLONY DEVDARA ROAD MANDLA
                          (MADHYA PRADESH)

                                                                           .....PETITIONER
                          (BY SHRI MOHANLAL SHARMA- ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL       SECRETARY      GENERAL
                                ADMINISTRATION    DEPARTMENT   VALLABH
                                BHAWAN, BHOPAL (MADHYA PRADESH)

                          2.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL SECRETARY FOREST DEPARTMENT
                                BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

                          3.    THE CHIEF CONSERVATOR OF FOREST BHOPAL
                                DISTRICT JABALPUR (MADHYA PRADESH)

                          4.    THE ASSISTANT CHIEF CONSERVATOR OF
                                F O R E S T MADHYAVRIT JABALPUR DISTRICT
                                JABALPUR (MADHYA PRADESH)

                          5.    THE DIVISION FOREST OFFICER WEST SAMANYA
                                VAN MANDAL DISTRICT MANDLA (MADHYA
                                PRADESH)

                          6.    THE FOREST RANGE OFFICER       MANDLA
                                DISTRICT MANDLA (MADHYA PRADESH)

                          7.    THE FOREST RANGE OFFICER KANHA TIGER
Signature Not Verified
                                RESERVE     MANDLA DISTRICT  MANDLA
Signed by: RAVIKANT
KEWAT
Signing time: 2/28/2023
6:27:27 PM
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                                (MADHYA PRADESH)

                          8.    THE FOREST RANGE OFFICER        DINDORI
                                DISTRICT DINDORI (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                          (BY SMT.GULABKALI PATEL- GOVERNMENT ADVOCATE)

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

The petitioner has preferred this petition under Article 226 of the Constitution of India seeking following relief:-

"a. To issue a writ in the nature of MANDAMUS for direction to

the respondents to pay the minimum of pay scale along with dearness allowance and arrears to the members of Petitioner Association.

b. To call for the records pertaining to the case of the petitioner association.

b. Any other reliefs deemed fit on facts and circumstances of the case instant case. .

It is the submission of learned counsel for the petitioner that petitioner-

association has espoused the cause of members of association, details of which are narrated in paragraph-5.2 of the petition. He seeks consideration of benefits to be extended to them as per the judgment of Apex Court in the case of Ram Naresh Rawat Vs. Ashwani Ray & Others reported in 2017(3) SCC 436.

Learned counsel for the respondent/State opposed the prayer, however, fairly submits that if any representation is preferred, same shall be taken care of as per law.

Heard learned counsel for the parties. Considering the rival submissions, petition is disposed of with a direction Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/28/2023 6:27:27 PM

to the petitioner/association to instruct all its members to prefer an individual representation in accordance with law along with all relevant documents before the Competent Authority within 30 days' from today along with certified copy of this order.

If any representation is so preferred within stipulated time then same shall be taken care of in accordance with law and authority shall pass a reasoned order on its own merit as expeditiously as possible preferably within a period of two months from the date of receipt of certified copy of this order under due intimation to the petitioner.

It is made clear that this Court has not expressed any opinion on the merits of the matter.

Petition stands disposed of with above terms C.C. as per rules.

(ANAND PATHAK) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/28/2023 6:27:27 PM