Madhaya Pradesh Phe Sarv ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 18511 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                       HON'BLE SHRI JUSTICE RAJ MOHAN SINGH
                                            ON THE 3 rd OF NOVEMBER, 2023
                                              WRIT PETITION No. 61 of 2023

                          BETWEEN:-
                          MADHAYA PRADESH PHE SARV KARMCHARI SANGH
                          THROUGH DISTRICT PRESIDENT SANJAY SHUKLA S/O I
                          K SHUKLA AGED ABOUT 60 YEARS OFFICE AT POLICE
                          LINE NEAR WATER TANK LALBAG CHHINDWARA
                          (MADHYA PRADESH)

                                                                                      .....PETITIONER
                          (BY SHRI SURENDRA VERMA-ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL   SECRETARY   PUBLIC  HEALTH
                                DEPARTMENT VALLABH BHAWAN BHOPAL (M.P.)
                                (MADHYA PRADESH)

                          2.    CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
                                DEPARTMENT JABALPUR ZONE 183 GOHALPUR
                                JABALPUR (MADHYA PRADESH)

                          3.    EXECUTIVE  ENGINEER   PUBLIC   HEALTH
                                ENGINEERING DEPARTMENT PROJECT BLOCK
                                CHHINDWARA/PARASIYA          DISTRICT
                                CHHINDWARA (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI SUNIL RAO-PANEL LAWYER)

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

Learned counsel for the parties submit that the issue involved in the instant writ petition is squarely covered by the ratio of the judgment of the

Signature Not Verified Signed by: MANZOOR AHMED Signing time: 11/4/2023 11:49:24 AM

Hon'ble Apex Court in the case of Ram Naresh Rawat Vs. Ashwini Ray and others, reported in (2017) 3 SCC 436, and the issue in question is no more res integra, therefore this petition can be disposed of by directing the respondent/competent authority to take a call on the pending representation of the petitioner within a period of two months.

On the other hand, learned counsel for the State submits that the case of the petitioner shall be considered and decided by the competent authority in accordance with law.

It is made clear that, if the petitioner is ultimately found entitled to the relief in question, the same shall be paid to him at the earliest preferably within a

period of two months after such assessment. There shall not be any such unnecessary delay/impediment, once the petitioner is found to be entitled for such classification as permanent employees.

This Court has not made any such observation on the merits of the case. Each case shall be evaluated on merits and the competent authority shall pass the order without being influenced by any statement of fact made hereinabove.

Accordingly, petition stands disposed of.

(RAJ MOHAN SINGH) JUDGE Ansari

Signature Not Verified Signed by: MANZOOR AHMED Signing time: 11/4/2023 11:49:24 AM