Madhya Pradesh High Court
M.P. Employee Selection Board vs Babulal Garg on 4 July, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 4 th OF JULY, 2023
WRIT APPEAL No. 834 of 2023
BETWEEN:-
1. M.P. EMPLOYEE SELECTION BOARD THROUGH
THE OFFICE INCHARGE OF THE CASE (OIC) R/O
CHAYAN BHAWAN MAIN ROAD NO 1 CHINAR
PART( EAST) BHOPAL (MADHYA PRADESH)
2. M.P. EMPLOYEE SELECTION BOARD, THROUGH
ITS DIRECTOR CHAYAN BHAWAN MAIN ROAD
NO. 1 CHAINAR PARK EAST BHOPAL (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI RAHUL DIWAKAR - ADVOCATE)
AND
1. BABULAL GARG S/O LATE SHRI DASHRATH
PRASAD GARG, AGED ABOUT 52 YEARS,
OCCUPATION: SEMI SKILLED CLASS IV
PERMANANT EMPLOYEE WORKING IN THE M.P.
EMPLOYEE SELECTION BOARD R/O CHAYAN
BHAWAN MAIN ROAD NO 1 CHINAR PART
BHOPAL (MADHYA PRADESH)
2. RAMKUBER PAL S/O LATE SHRI RAMSUKH PAL,
AGED ABOUT 51 YEARS, OCCUPATION:
OCCUPATION: SEMI SKILLED CLASS IV
PERMANANT EMPLOYEE WORKING IN THE M.P.
EMPLOYEE SELECTION BOARD R/O CHAYAN
BHAWAN MAIN ROAD NO 1 CHINAR PART
BHOPAL (MADHYA PRADESH)
3. KAMTA PRASAD NAMDEO S/O LATE SHRI
BRIJBHAN NAMDEO, AGED ABOUT 44 YEARS,
CHAYAN BHAWAN MAIN ROAD NO. 1 CHAINAR
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 7/6/2023
10:27:45 AM
2
PARK EAST BHOPAL (MADHYA PRADESH)
4. PRABHAT KUMAR PATEL S/O LATE SHRI
RAMKRIPAL PATEL, AGED ABOUT 42 YEARS,
CHAYAN BHAWAN MAIN ROAD NO. 1 CHAINAR
PARK EAST BHOPAL (MADHYA PRADESH)
5. SUDHAKAR SURWADE S/O LATE SHRI BABULAL
SURWADE, AGED ABOUT 45 YEARS, CHAYAN
BHAWAN MAIN ROAD NO. 1 CHAINAR PARK
EAST BHOPAL (MADHYA PRADESH)
6. SURESH THAKUR S/O LATE SHRI KUNNULAL
THAKUR, AGED ABOUT 41 YEARS, CHAYAN
BHAWAN MAIN ROAD NO. 1 CHAINAR PARK
EAST BHOPAL (MADHYA PRADESH)
7. MAHENDRA SINGH KUSHRAM S/O SHRI DHAN
SINGH KUSHRAM, AGED ABOUT 47 YEARS,
CHAYAN BHAWAN MAIN ROAD NO. 1 CHAINAR
PARK EAST BHOPAL (MADHYA PRADESH)
8. DILESH NAMDEO S/O LATE SHRI MOTILAL
NAMDEO, AGED ABOUT 46 YEARS, CHAYAN
BHAWAN MAIN ROAD NO. 1 CHAINAR PARK
EAST BHOPAL (MADHYA PRADESH)
9. GUNAKAR BHURTELE SHARMA S/O SHRI
JIVANLAL BHURTELE, AGED ABOUT 51 YEARS,
CHAYAN BHAWAN MAIN ROAD NO. 1 CHAINAR
PARK EAST BHOPAL (MADHYA PRADESH)
10. AJAY SINGH S/O SHRI JAYBHAN SINGH, AGED
ABOUT 36 YEARS, CHAYAN BHAWAN MAIN ROAD
NO. 1 CHAINAR PARK EAST BHOPAL (MADHYA
PRADESH)
11. SANJAY KAPASE S/O LATE SHRI MAUJILAL
KAPASE, AGED ABOUT 41 YEARS, CHAYAN
BHAWAN MAIN ROAD NO. 1 CHAINAR PARK
EAST BHOPAL (MADHYA PRADESH)
12. PRADEEP JOSHI S/O LATE SHRI BASANT
VALLABH JOSHI, AGED ABOUT 42 YEARS,
CHAYAN BHAWAN MAIN ROAD NO. 1 CHAINAR
PARK EAST BHOPAL (MADHYA PRADESH)
13. KHUMAN SINGH S/O LATE SHRI CHHAGAN SINGH
GODIYA, AGED ABOUT 51 YEARS, CHAYAN
BHAWAN MAIN ROAD NO. 1 CHAINAR PARK
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 7/6/2023
10:27:45 AM
3
EAST BHOPAL (MADHYA PRADESH)
14. DILIP SINGH VISHT S/O DEV SINGH VISHT, AGED
ABOUT 46 YEARS, CHAYAN BHAWAN MAIN ROAD
NO. 1 CHAINAR PARK EAST BHOPAL (MADHYA
PRADESH)
15. SUKH SINGH S/O SHRI MAIKURAM, AGED ABOUT
46 YEARS, CHAYAN BHAWAN MAIN ROAD NO. 1
CHAINAR PARK EAST BHOPAL (MADHYA
PRADESH)
16. HARCHAND RAJAK S/O SHRI KUNDANLAL
RAJAK, AGED ABOUT 56 YEARS, CHAYAN
BHAWAN MAIN ROAD NO. 1 CHAINAR PARK
EAST BHOPAL (MADHYA PRADESH)
17. THE STATE OF MADHYA PRADESH, THROUGH ITS
ADDITIONAL CHIEF SECRETARY , GENERAL
ADMINISTRATION DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI R.B. TIWARI - ADVOCATE FOR RESPONDENTS NO.1 TO 16 )
This appeal coming on for admission this day, the Court passed the
following:
ORDER
Shri B.D. Singh - Deputy Advocate General takes notice for respondent
No.17.
2. IA No.9218 of 2023 - an application for condonation of delay.
3. For the reasons assigned, IA No.9218 of 2023 is allowed. The delay in
filing the appeal is condoned.
4. Aggrieved by order dated 17.02.2023 passed by learned Single Judge in
W.P. No.3679 of 2023 directing the respondents/authorities to consider the
case of the writ petitioners in the light of the order dated 17.07.2019 passed by
this Court in case of Deepak Kumar Gangrade & ors. Vs. State of M.P. & ors.
in W.P. No.2510 of 2018, respondent No.3 therein is in appeal.
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 7/6/2023
10:27:45 AM
5. The primary contention of the appellant is that without hearing him, the
order has been passed. The further contention is that the order as relied by the
learned Single Judge was since diluted by the subsequent order dated
22.06.2021 passed in Madhya Pradesh Vs. Parsarm Yadav & ors.
(W.A.No.739 of 2020), therefore, the learned Single Judge has committed an
error in not noticing the said order while directing the implementation in terms of
the order passed in the case of Deepak Kumar Gangrade (supra).
6. Under these circumstances, we are of the view that while remanding the
matter, the authority namely the appellant to consider the case of the writ
petitioners not only in the light of the judgment of Deepak Kumar
Gangrade(supra) but also in the light of the judgment passed in Madhya
Pradesh Vs. Parsarm Yadav & ors.(supra).
7. Learned counsel for the respondents has no objection to the same.
8. In view of the same, the writ appeal is partly allowed. The order dated
17.02.2023 passed by the learned Single Judge in W.P. No.3679 of 2023 is
modified to the extent of directing the appellants/respondents to consider the
case of the writ petitioners in the light of the order passed in Deepak Kumar
Gangrade (supra) as well as the order passed in the case of State of Madhya
Pradesh Vs. Parsarm Yadav & ors.(supra).
9. Consequently, the observation made by the learned Single Judge to the
effect that the petitioners' case is clearly covered by the judgment of Deepak
Kumar Gangrade(Supra), is set aside. The finding of the learned Single Judge
that the petitioners are entitled for the 7th Pay Commission is also set aside.
10. With the aforesaid direction, this writ appeal is disposed off.
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 7/6/2023
10:27:45 AM
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
vibha
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 7/6/2023
10:27:45 AM
