Smt Ramwati Rawat vs The State Of Madhya Pradesh
2023 Latest Caselaw 9380 MP

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                ON THE 22 nd OF JUNE, 2023
                                             WRIT PETITION No. 13569 of 2023

                          BETWEEN:-
                          SMT RAMWATI RAWAT W/O LATE SHRI DAULAT
                          SINGH, AGED-51 YEARS, OCCUPATION: HOUSEWIFE,
                          R /O VILLAGE RAMPUR MANGROURA TEHSIL DABRA
                          DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                          .....PETITIONER
                          (BY SHRI S.N. SETH- ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL  SECRETARY   WRD,   VALLABH
                                BHAWAN BHOPAL (MADHYA PRADESH)

                          2.    THE ENGINEER IN CHIEF WATER RESOURCES
                                D E PA R T M E N T MADHYA PRADESH JAL
                                SANSADHAN BHAWAN TULSI NAGAR BHOPAL
                                (MADHYA PRADESH)

                          3.    THE CHIEF ENGINEER YAMUNA BASIN WRD
                                THATIPUR MORAR DIST. GWALIOR (MADHYA
                                PRADESH)

                          4.    THE    EXECUTIVE   ENGINEER HARSI WATER
                                RESOURCES     DEPARTMENT DIVISION DABRA
                                DIST. GWLAIOR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI SOHIT MISHRA- GOVERNMENT ADVOCATE)

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

This petition under Article 226 of the Constitution of India has been filed

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 23-Jun-23 4:54:59 PM

seeking following reliefs:

i. The order Annexure P-1 may kindly be set aside/quashed; ii. That the order passed by this Hon'ble Court passed in W.P. No.24504/2019 extending the benefit of Ramnaresh Rawat to the husband of the petitioner may kindly be directed to be extended after quashing the declassification order; iii. Cost may also be ordered;

v. Any other relief which this Hon'ble Court may kindly be deem fit may kindly be granted.

By the impugned order dated 27.09.2021 classification order issued in favour of the petitioner has been cancelled. It is submitted by the counsel for the petitioner that this petition is covered by judgment dated 26.08.2021 passed

by coordinate Bench of this Court in W.P. No.4018/2020 (Kamta Prasad Vs. State of Madhya Pradesh and others). The said order was challenged by the State by filing W.P. No.1166/2021 which too has been dismissed by the Division Bench of this Court by order dated 03.03.2022 and the order passed by the Writ Court was maintained except the cost which was imposed. Thus, it is submitted that in the light of the order passed in the case of Kamta Prasad (supra), the impugned order of cancellation of classification order is liable to be quashed.

Per contra, counsel for the State could not point out any distinguishable aspects and also admitted that the case in hand is duly covered by order passed by coordinate Bench of this Court in the case of Kamta Prasad (supra).

Heard the learned counsel for the parties. T he controversy involved in the present case is duly covered by the order passed by coordinate Bench of this Court in the case of Kamta Prasad (supra). The order of classification of the petitioner was also cancelled after a

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 23-Jun-23 4:54:59 PM

direction was given to decide the representation for extending the benefit of minimum of pay scale as directed by the Supreme Court in the case of Ram Naresh Rawat Vs. Ashwini Ray and others reported in (2017) 3 SCC

In absence of any distinguishable features, this petition is also allowed in the terms and conditions of the order dated 26.08.2021 passed in W.P.No.4018/2020 and the impugned order dated 27.09.2021 by which the classification order of the petitioner was cancelled is hereby quashed.

No order as to cost.

Certified copy as per rules.

(MILIND RAMESH PHADKE) JUDGE Chandni

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 23-Jun-23 4:54:59 PM