Rahul Gaur vs The State Of Madhya Pradesh
2023 Latest Caselaw 11121 MP

                            1                  W.P.No.15841/2023



IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                        BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                ON THE 18th OF JULY, 2023
              WRIT PETITION No. 15841 of 2023
BETWEEN:-
1.    RAHUL GAUR S/O TULSIRAM GAUR, AGED
      ABOUT   31    YEARS,  OCCUPATION:
      CONSTABLE DISTRICT POLICE FORCE
      NARSINGHPUR       R/O     DISTRICT
      NARSINGHUR (MADHYA PRADESH)

2.    SAGAR RAHANGDALE S/O UMASHANKAR
      RAHANGDALE OCCUPATION: CONSTABLE
      DISTRICT POLICE FORCE NARSINGHPUR
      BATCH NO. 327 ROL NO. 23622271
      (MADHYA PRADESH)

3.    ARUN GAUR S/O JAMNA PRASAD GAUR,
      AGED ABOUT 28 YEARS, OCCUPATION:
      CONSTABLE DISTRICT POLICE FORCE
      VIDISHA (MP) R/O 448 MOTHER INDIA
      COLONY IDGAH HILLS BHOPAL BATCH
      NO.957 ROLL NO.23874770 (MADHYA
      PRADESH)

                                               .....PETITIONERS
(BY SHRI PAWAN KUMAR SINGH SENGAR- ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH
      THROUGH THE PRINCIPAL SECRETARY
      HOME     DEPARTMENT  MANTRLAYA
      VALLABH BHAWAN BHOPAL (MADHYA
      PRADESH)

2.    THE DIRECTOR GENERAL OF POLICE,
      POLICE HEAD QUARTER JAHANGIRABAD
      BHOPAL (MADHYA PRADESH)

3.    THE ADDITIONAL DIRECTOR GENERAL
      OF   POLICE   (SELECTION)    P.H.Q.
      JAHANGIRABAD   BHOPAL     DISTRICT
                                    2                     W.P.No.15841/2023


     BHOPAL (MADHYA PRADESH)

                                                        .....RESPONDENTS
(BY SHRI K.S. BAGHEL - GOVERNMENT ADVOCATE )
.........................................................................................................

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

This Petition under Article 226 of the Constitution of India has been filed seeking following reliefs:

(i) A writ in the nature of Mandamus my kindly be issued to direct the respondents to issue a fresh merit list by considering the preference given by the petitioners within their respective category and allot the post and seat as per preference given in application.

(ii) To direct the respondents to give appointment to the petitioners in District Force with all consequential benefits like seniority and pay protection similarly to order passed by the Hon'ble Apex Court in the case of Praveen Kumar Kurmi (supra).

(iii) Any other reliefs which this Hon'ble Court deem fit in the circumstances of the case, may also be granted to the petitioners."

2. It is submitted by the counsel for the petitioners that in the light of the judgment passed by the Supreme Court in the case of Praveen Kumar Kurmi Vs. The State of Madhya Pradesh and others decided on 24.02.2022 passed in Civil Appeal No.7663/2021, the petitioners have made representations to the respondents for re-allotment of posts. It is submitted that the petitioners had also given fresh representations

for posting in Special Branch but they have been given posting in District Police and therefore, the respondents be directed to decide the representations.

3. Considered the submissions made by the counsel for the petitioners.

4. The petitioners have filed copy of postal receipts of the representations sent by registered post on 28.04.2023 and 01.05.2023.

5. Accordingly, without entering into any controversy as to whether the representations reached to their destination or not, it is directed that in case, if the petitioners file fresh representation(s) alongwith the certified copy of this order, the same shall be decided by the competent authority without getting influenced or prejudiced by this order.

6. It is needless to mention that this Court has not considered the merits/demerits of the case.

7. With aforesaid observation, the petition is finally disposed of.

(G.S. AHLUWALIA) JUDGE Shanu

Digitally signed by SHANU RAIKWAR Date: 2023.07.19 19:26:39 +05'30'