Maujilal vs Animal Husbandry Department
2023 Latest Caselaw 1621 MP

                                                                 1
                            IN    THE            HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE PRANAY VERMA
                                                  ON THE 30 th OF JANUARY, 2023
                                                 WRIT PETITION No. 27710 of 2019

                           BETWEEN:-
                           MAUJILAL S/O MANGILAL KASDE, AGED ABOUT 42
                           YEAR S, OCCUPATION: SERVICE POST SAROLA TEH.
                           BURHANPUR (MADHYA PRADESH)

                                                                                                .....PETITIONER
                           (BY SHRI YASH PAL RATHORE - ADVOCATE)

                           AND
                           1.    ANIMAL HUSBANDRY DEPARTMENT SECRETARY
                                 VALLABH BHAWAN MANTRALAYA BHOPAL
                                 (MADHYA PRADESH)

                           2.    DIRECTOR    VETERINARY  DEPARTMENT
                                 KAMDHENU BHAWAN, KOLAR ROAD BHOPAL
                                 (MADHYA PRADESH)

                           3.    JOINT DIRECTOR      VETERINARY SERVICES
                                 INDORE DIVISION, INDORE (MADHYA PRADESH)

                           4.    DEPUTY DIRECTOR VETERINARY                    SERVICES
                                 BURHANPUR . (MADHYA PRADESH)

                                                                                             .....RESPONDENTS
                           ( BY SHRI RANJEET SEN - GOVT. ADVOCATE)

                                 Th is petition coming on for hearing this day, th e court passed the
                           following:
                                                                  ORDER

1. Heard.

2. By this petition the petitioner has prayed for the following reliefs :-

“(a) To direct respondents to treat the Signature Not Verified petitioner in regular establishment and he be sent Signed by: NEERAJ SARVATE Signing time: 03-02-2023 10:32:03

for two years mandatory training required for promotion to the post of Assistant Veterinary Field Officer whenever it is arranged for other left over employees.

(b) To direct Respondent No.3 to made correct entry in the service book of the petitioner.

(c) Original record of the case may kindly be requisitioned.

(d) Cost of petition.

(e) Pass any other appropriate order as may be deemed fit just & expedient in the interest of justice.â€Â​

3. Learned counsel for the petitioner submits that the petitioner is not

claiming the relief of promotion to the post of Assistant Veterinary Field Officer but is restricting his relief to the extent of being considered as a regular employee and for directing respondent No.3 to correct the entries in the service book of the petitioner accordingly.

4. Learned counsel for the respondents/State submits that the case of the petitioner in respect of the aforesaid reliefs shall be considered and decided in light of provisions of M.P. Veterinary Services Class-III Recruitment Rules, 2006.

5. In view of the aforesaid statement this petition is disposed off with a direction to respondent No.3 to consider the case of the petitioner as regards the reliefs claimed by him as aforesaid within a period of three months from the date of receipt of certified copy of this order. He is also directed to take into consideration the judgment of this Court dated 17.04.2018 passed in W.P. No.1150/2016 (Ravindra Dinkar Ingle V/s. Animal Husbandry Department and Others) in which it has been held that the petitioner therein,

Signature Not Verified who is admittedly similarly situated to the present petitioner, cannot be treated Signed by: NEERAJ SARVATE Signing time: 03-02-2023 10:32:03

to be a contingency paid employee.

6. With the aforesaid direction petition stands disposed off.

(PRANAY VERMA) JUDGE ns

Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 03-02-2023 10:32:03