Rakesh Kumar Garg vs The State Of Madhya Pradesh
2023 Latest Caselaw 7668 MP

                                                        1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                              ON THE 10 th OF MAY, 2023
                                          WRIT PETITION No. 10614 of 2023

                         BETWEEN:-
                         RAKESH KUMAR GARG S/O LATE RAM SHIROMANI
                         GARG, AGED ABOUT 61 YEARS, OCCUPATION:
                         TIMEKEEPER   RURAL   ENGINEERING  SERVICE
                         DEPARTMENT SUB DIVISION SHAHDOL DIVISION
                         SHAHDOL (MADHYA PRADESH)

                                                                              .....PETITIONER
                         (BY SHRI S.K.SINGH - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               THE PRINCIPAL SECRETARY PANCHAYAT AND
                               RURAL      DEVELOPMENT     DEPARTMENT
                               MANTRALAYA VALLABH BHAVAN BHOPAL
                               (MADHYA PRADESH)

                         2.    ENGINEER IN CHIEF PANCHAYAT AND RURAL
                               DEVELOPMENT    DEPARTMENT VINDHYACHAL
                               BHAWAN SECOND FLOOR BHOPAL (MADHYA
                               PRADESH)

                         3.    CHIEF  ENGINEER  RURAL   ENGINEERING
                               SERVICE DEPARTMENT ADHARTAL JABALPUR
                               (MADHYA PRADESH)

                         4.    SUPERINTENDENT     ENGINEER    RURAL
                               ENGINEERING SERVICE DEPARTMENT REWA
                               MANDAL REWA (MADHYA PRADESH)

                         5.    EXECUTIVE ENGINEER RURAL ENGINEERING
                               SERVICE    DEPARTMENT DIVISION SHAHDOL
                               DISTRICT (MADHYA PRADESH)

                         6.    S.D.O.    RURAL      ENGINEERING    SERVICES
                               D E PA R T M E N T SUB   DIVISION   SHAHDOL
                               DISTRICT (MADHYA PRADESH)
Signature Not Verified
Signed by: AMIT JAIN
Signing time:
5/10/2023 7:46:31 PM
                                                              2
                                                                                       .....RESPONDENTS
                         (STATE BY SHRI JITENDRA SHRIVASTAVA - PANEL LAWYER)

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

Learned counsel for the petitioner submits that the petitioner is claiming the benefit of minimum of the pay scale of the post of Time Keeper on the strength of a recommendation, which was made on 9.4.1999 for his regularization.

Learned counsel for the petitioner places reliance on the decisions of a Coordinate Bench of this Court in Writ Petition No.12210/2017 decided on

17.8.2017 as well as of this Court in Writ Petition No.24933/2022 decided on 5.4.2023 but fact of the matter is that when the petitioner was not permanently classified then he is not entitled to the benefit of the judgment of the Apex Court in Ram Naresh Rawat versus Sri Ashwini Ray & Others (2017) 3 SCC

Thus, as far as the judgment of the Apex Court in Ram Naresh Rawat versus Sri Ashwini Ray & Others (supra) is concerned, in absence of the permanent classification, the same is not applicable to the facts of the present case and, therefore, the decisions of a Coordinate Bench of this Court in Writ Petition No.12210/2017 decided on 17.8.2017 as well as of this Court in Writ Petition No.24933/2022 decided on 5.4.2023, in absence of there being any material on record to show that the petitioner was permanently classified, are not applicable. Petitioner has already made a representation Annexure P/7 to the authority, which is still pending for consideration.

Accordingly, this writ petition can be disposed of with a direction that if

Signature Not Verified t h e petitioner prefers a fresh representation within fifteen days from today Signed by: AMIT JAIN Signing time:

5/10/2023 7:46:31 PM

alongwith certified copy of this order then the same shall be considered and decided by the competent authority within a further period of sixty days through a speaking order under communication to the petitioner. This Court has not opined anything on the merits of the case.

In above terms, this writ petition is disposed of.

(VIVEK AGARWAL) JUDGE amit

Signature Not Verified Signed by: AMIT JAIN Signing time:

5/10/2023 7:46:31 PM