Brajesh Narayan Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 3689 MP

                                                     1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE VISHAL MISHRA
                                           ON THE 2 nd OF MARCH, 2023
                                         WRIT PETITION No. 28354 of 2022

                         BETWEEN:-
                         1.    BRAJESH NARAYAN TIWARI S/O LATE SHRI HARI
                               SHANKAR TIWARI, AGED ABOUT 54 YEARS,
                               OCCUPATION: WORKING AS A DAILY WAGES
                               EMPLOYEE / STHAI KARMI FOREST RANGE
                               OFFICE BORI KESLA DISTRICT NARMADAPURAM
                               (MADHYA PRADESH)

                         2.    AJAY KUMAR DUBEY S/O SHRI JUGAL PRASAD
                               DUBEY, AGED ABOUT 47 YEARS, OCCUPATION:
                               WORKING AS A DAILY WAGES EMPLOYEE/STHAI
                               KARMI FOREST RANGE OFFICE BORI KESLA
                               DISTRICT    NARMADAPURAM       (MADHYA
                               PRADESH)

                         3.    VIVEK KUMAR SAXENA S/O LATE SHRI SANTOSH
                               BABU SAXENA, AGED ABOUT 44 YEARS,
                               OCCUPATION: WORKING AS A DAILY WAGES
                               EMPLOYEE/STHAI KARMI FOREST RANGE
                               OFFICE KALAKHAR (SUKTAWA), GENERAL
                               DISTRICT    NARMADAPURAM         (MADHYA
                               PRADESH)

                                                                           .....PETITIONERS
                         (BY SHRI SHIV KUMAR DUBEY - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               THE   SECRETARY  FOREST  DEPARTMENT
                               MANTRALAYA VALLABH BHAWAN, BHOPAL
                               (MADHYA PRADESH)

                         2.    PRINCIPAL CHIEF CONSERVATOR OF FOREST
                               (ADMINISTRATION      II) SATPUDA BHAWAN
                               BHOPAL, DISTRICT BHOPAL (MADHYA PRADESH)

                         3.    CHIEF CONSERVATOR OF FOREST, FOREST
                               CIRCLE NARMADAPURAM    (HOSHANGABAD)
Signature Not Verified
                               DISTRICT   NARMADAPURAM      (MADHYA
Signed by: PRARTHANA
SURYAVANSHI
Signing time: 3/4/2023
2:15:41 PM
                                                             2
                               PRADESH)

                         4.    DIVISIONAL FOREST OFFICER FOREST DIVISION
                               (GENERAL) NARMADAPURAM (HOSHANGABAD)
                               DISTRICT     NARMADAPURAM        (MADHYA
                               PRADESH)

                         5.    DEPUTY DIRECTOR SATPUDA TIGER RESERVE
                               NARM ADAPURAM DISTRICT NARMADAPURAM
                               (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                         (BY SHRI DILIP PARIHAR - PANEL LAWYER)

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

Petitioner has prayed for the following reliefs:-

"7.1 This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioners. 7.2 This Hon'ble Court may kindly be pleased to direct the respondents to regularize the service of the petitioners/grant appointment on the post of Forest Guard since 2008-09, as the petitioners have passed and qualified the exams conducted by the VYAPAM.

7.3 This Hon'ble Court may kindly be pleased to direct the respondents to give all the consequential and pecuniary to the petitioners resulting there from.

7.4 Any other relief which this Hon'ble Court deems fit and proper may also be given to the petitioners, in the interest of justice."

It is the case of the petitioners that they were still working as daily wages employee/Sthayi-Karmi and they are serving their duties since long back. The petitioners have participated in the process of selection for the post of Forest Guard in the year 2008-09 and they are qualified and passed the exam conducted by the Vyapam. The matter has also travelled from Hon'ble Supreme Court by filling S.L.P which has been dismissed vide order dated 5.5.2015, Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 3/4/2023 2:15:41 PM

therefore, the department has published the names of other employees in the merit list, but the name of the petitioners are not considered for regularization in the merit list for the post of Forest Guard. A similar matter came up before the Single Bench of this Court in W.P No.8938 of 2009 (s) in the case of Indramani Tiwari vs State of M.P. and Others, dated 28.09.2010 which was affirmed by the Division Bench of this Court in Writ Appeal No.344 of 2011 and vide order dated 20.6.2011 dismissed the said writ appeal filed by the State Government.

It is the case of the petitioner that he has preferred a detailed representation before the authorities for considering his case for regularization in the light of the judgment passed by the Division Bench in the case of Indramani Tiwari (supra). In view of the fact that a detailed representation is pending consideration. An innocuous prayer is made to direct the authorities to consider and decide the pending representation.

Counsel appearing for the State has no objection and stating that regularization cannot be claimed as a matter of right. However, he fairly submits that the matter will be considered and decided by the authorities in accordance with law expeditiously.

I n such circumstances, this petition is disposed off by directing the petitioners to file a certified copy of this order to the respondents No.1 and 2, who in turn is directed to consider and decide the pending representations

(Annexure-P15) after giving audience to the petitioners.

Needless to mention that this Court has not expressed any opinion on the merits of the case.

Accordingly, the petition is disposed off. Certified copy as per rules.

Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 3/4/2023 2:15:41 PM

(VISHAL MISHRA) JUDGE Prar

Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 3/4/2023 2:15:41 PM