Madhaya Pradesh Phe Sarv ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 689 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                             ON THE 11 th OF JANUARY, 2023
                                             WRIT PETITION No. 64 of 2023

                          BETWEEN:-
                          MADHAYA PRADESH PHE SARV KARMCHARI SANGH
                          THROUGH DISTRICT PRESIDENT SANJAY SHUKLA S/O I
                          K SHUKLA AGED ABOUT 60 YEARS OFFICE AT POLICE
                          LINE NEAR WATER TANK LALBAG CHHINDWARA
                          (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI SURENDRA VERMA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL   SECRETARY   PUBLIC  HEALTH
                                DEPARTMENT VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    CHIEF          ENGINEER, PUBLIC   HEALTH
                                ENGINEERING DEPARTMENT JABALPUR ZONE
                                183, GOHALPUR, JABALPUR (MADHYA PRADESH)

                          3.    EXECUTIVE      ENGINEER, PUBLIC   HEALTH
                                ENGINEERING                  DEPARTMENT,
                                PROJECT/MECHANICAL    BLOCK     JABALPUR
                                DISTRICT JABALPUR (MADHYA PRADESH)

                          4.    ASSISTANT EXECUTIVE ENGINEER, PUBLIC
                                HEALTH     ENGINEERING     DEPARTMENT
                                PROJECT/MECHANICAL    BLOCK    MANDLA
                                (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI VED PRAKASH TIWARI - GOVERNMENT ADVOCATE)

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

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 1/12/2023 10:14:35 AM

The instant petition has preferred by the petitioner/Union under Article 226 of the Constitution of India seeking following reliefs:-

"1. To issue a writ in the nature of MANDAMUS for directions to the respondents to pay the minimum of pay scale along with dearness allowance and arrears to the members of Petitioner association.

2. To call for record pertaining to the case of the petitioner association.

3. Any other relief deems fit and proper in the fact of the circumstance may also be ordered."

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 No.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 o f Ram Naresh Rawat vs. Ashwini Ray & others reported in 2017 (3) SCC 436.

Learned Government Advocate for the respondent opposed the prayer, however, fairly submitted 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 to the petitioner/association to instruct all his 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 Signature Not Verified Signed by: POONAM MANEKAR Signing time: 1/12/2023 10:14:35 AM

b e 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.

(ANAND PATHAK) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 1/12/2023 10:14:35 AM