Madhya Pradesh High Court
Ashraf Khan vs Dr. Hari Singh Gour Vishvavidyalaya on 21 November, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 21 st OF NOVEMBER, 2023
WRIT PETITION No. 28180 of 2022
BETWEEN:-
ASHRAF KHAN S/O SHRI ABDUL RASEED KHAN, AGED
ABOUT 60 YEARS, OCCUPATION: ELECTRICAL HELPER
IN DR. HARI SINGH GAUR CENTRAL UNIVERSITY
SAGAR SANT RAVIDAS WARD BADA KAVELA NEW
COLONY SAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARVIND KUMAR SHRIVASTAVA - ADVOCATE)
AND
DR. HARI SINGH GOUR VISHVAVIDYALAYA THROUGH
REGISTRAR SAGAR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SIDDHARTH SHUKLA - ADVOCATE)
WRIT PETITION No. 24100 of 2021
BETWEEN:-
1. VEERENDRA KUMAR S/O GOKUL PRASAD, AGED
ABOUT 60 YEARS, OCCUPATION: MUSTER ROLL
EMPLOYEE HARI SINGH GOUR
VISHVAVIDYALAYA SAGAR MP (MADHYA
PRADESH)
2. AMAR SINGH KURMI S/O HALKAI KURMI, AGED
ABOUT 60 YEARS, MUSTER ROLL EMPLYEE
DR.HARI SINGH GOUR VISHVAVIDYALAYA
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI ARVIND KUMAR SHRIVASTAVA - ADVOCATE)
AND
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 23-11-2023
10:07:10
2
DR. HARI SINGH GOUR VISHVAVIDYALAYA THR. ITS
REGISTRAR SAGAR M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. SHOBHA MENON - SENIOR ADVOCATE ASSISTED BY SHRI
BHARAT DEEP SINGH - ADVOCATE)
WRIT PETITION No. 21402 of 2022
BETWEEN:-
1. KUNWAR SINGH S/O SHRI PREM SINGH, AGED
ABOUT 60 YEARS, OCCUPATION: MUSTER ROLL
EMPLOYEE DR. HARI SINGH GOUR
VISHVAVIDYALAYA SAGAR M.P. (MADHYA
PRADESH)
2. KOMAL PRASAD PATEL S/O SHRI SITARAM,
AGED ABOUT 60 YEARS, OCCUPATION: MUSTER
ROLL EMPLOYEE, DR. HARI SINGH GOUR
VISHVAVIDYALAYA DISTRICT SAGAR M.P.
(MADHYA PRADESH)
3. REVARAM SEN S/O SHRI SHIVPRASAD, AGED
ABOUT 60 YEARS, OCCUPATION: MUSTER ROLL
EMPLOYEE, DR. HARI SINGH GOUR
VISHVAVIDYALAYA DISTRICT SAGAR M.P.
(MADHYA PRADESH)
4. SMT. RADHA BAI SEN W/O SHRI POORANLAL,
AGED ABOUT 60 YEARS, OCCUPATION: MUSTER
ROLL EMPLOYEE, DR. HARI SINGH GOUR
VISHVAVIDYALAYA, DISTRICT SAGAR (M.P.)
(MADHYA PRADESH)
5. KAMTA PRASAD YADAV S/O SHRI BHAGWANDAS,
AGED ABOUT 60 YEARS, OCCUPATION: MUSTER
ROLL EMPLOYEE, DR. HARI SINGH GOUR
VISHVAVIDYALAYA DISTRICT SAGAR (M.P.)
(MADHYA PRADESH)
6. NARAYAN PRASAD VISHWAKARMA S/O SHRI
CHHOTELAL, AGED ABOUT 60 YEARS,
OCCUPATION: MUSTER ROLL EMPLOYEE, DR.
HARI SINGH GOUR VISHVAVIDYALAYA DISTRICT
SAGAR (M.P.) (MADHYA PRADESH)
7. RAMPRATAP DUBEY S/O SHRI GHANSHYAM,
AGED ABOUT 59 YEARS, OCCUPATION: MUSTER
ROLL EMPLOYEE, DR. HARI SINGH GOUR
Signature Not Verified
VISHVAVIDYALAYA DISTRICT SAGAR (M.P.)
Signed by: ASHWANI
PRAJAPATI
Signing time: 23-11-2023
10:07:10
3
(MADHYA PRADESH)
8. LAXMAN YADAV S/O SHRI PARAM, AGED ABOUT
59 YEARS, OCCUPATION: MUSTER ROLL
EMPLOYEE, DR. HARI SINGH GOUR
VISHVAVIDYALAYA DISTRICT SAGAR (M.P.)
(MADHYA PRADESH)
9. RAMDAYAL RAIKWAR S/O SHRI NIRGUT, AGED
ABOUT 59 YEARS, OCCUPATION: MUSTER ROLL
EMPLOYEE, DR. HARI SINGH GOUR
VISHVAVIDYALAYA DISTRICT SAGAR M.P.
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI ARVIND KUMAR SHRIVASTAVA - ADVOCATE)
AND
DR. HARI SINGH GOUR VISHVAVIDYALAYA THROUGH
ITS REGISTRAR SAGAR DISTRICT SAGAR M.P.
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SIDDHARTH SHUKLA - ADVOCATE)
WRIT PETITION No. 3963 of 2023
BETWEEN:-
SHIVRAJ SINGH RAJPUT S/O NARAYAN SINGH, AGED
ABOUT 60 YEARS, OCCUPATION: MUSTER ROLL
EMPLOYEE DR. HARI SINGH GOUR VISHVAVIDYALAYA,
SAGAR (M.P.) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARVIND KUMAR SHRIVASTAVA - ADVOCATE)
AND
DR. HARI SINGH GOUR VISHVAVIDYALAYA THROUGH
ITS REGISTRAR SAGAR DR. HARI SINGH GOUR
VISHVAVIDYALAYA, SAGAR (M.P.) (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SIDDHARTH SHUKLA - ADVOCATE)
WRIT PETITION No. 9797 of 2023
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 23-11-2023
10:07:10
4
BETWEEN:-
1. NANDRAM YADAV S/O SHRI KRISHNA YADAV,
AGED ABOUT 60 YEARS, OCCUPATION: MUSTER
ROLL EMPLOYEE DR. HARI SINGH GOUR
VISHVAVIDYALAYA SAGAR (MADHYA PRADESH)
2. RAJESHWAR YADAV S/O SURAJ SINGH YADAV,
AGED ABOUT 60 YEARS, OCCUPATION: MUSTER
ROLL EMPLOYEE DR. HARI SINGH GOUR
VISHWAVIDYALAYA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARVIND KUMAR SHRIVASTAVA - ADVOCATE)
AND
DR. HARI SINGH GOUR UNIVERSITY, SAGAR THROUGH
ITS REGISTRAR DISTRICT SAGAR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SIDDHARTH SHUKLA - ADVOCATE)
WRIT PETITION No. 18115 of 2023
BETWEEN:-
1. KAMAL PRAJAPATI S/O LATE CHURAMAN, AGED
ABOUT 60 YEARS, OCCUPATION: DAILY WAGE
MUSTER ROLL EMPLOYEE DR HATI SINGH GOUR
VISHWAVIDYALAYA DR HARI SINGH GOUR
VISHWAVIDYALAYA SAGAR (MADHYA PRADESH)
2. MOHANLAL PATEL S/O LATE TULSIRAM, AGED
ABOUT 60 YEARS, OCCUPATION: DAILY WAGE
MUSTER ROLL EMPLOYEE, DR HARI SINGH
GOUR VISHWAVIDYALAYA SAGAR (MADHYA
PRADESH)
3. DHANIRAM RAJAK S/O HARKISHAN, AGED
ABOUT 60 YEARS, OCCUPATION: RETIRED
E M P L O Y E E , DR HARI SINGH GOUR
VISHWAVIDYALAYA SAGAR (MADHYA PRADESH)
4. SMT. PREMVATI W/O GUMAN SINGH, AGED
ABOUT 60 YEARS, OCCUPATION: DAILY WAGE
MUSTER ROLL EMPLOYEE, DR HARI SINGH
GOUR VISHWAVIDYALAYA SAGAR (MADHYA
PRADESH)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 23-11-2023
10:07:10
5
5. RAMCHARAN VISHWAKARMA S/O
PURUSHOTTAM, AGED ABOUT 60 YEARS,
OCCUPATION: DAILY WAGE MUSTER ROLL
E M P L O Y E E , DR HARI SINGH GOUR
VISHWAVIDYALAYA SAGAR (MADHYA PRADESH)
6. MAHESH KUMAR ANURAGI S/O LATE GUTUOA,
AGED ABOUT 60 YEARS, OCCUPATION: DAILY
WAGE MUSTER ROLL EMPLOYEE, DR HARI
SINGH GOUR VISHWAVIDYALAYA SAGAR
(MADHYA PRADESH)
7. KADORI S/O RAJARAM, AGED ABOUT 60 YEARS,
OCCUPATION: DAILY WAGE MUSTER ROLL
E M P L O Y E E , DR HARI SINGH GOUR
VISHWAVIDYALAYA SAGAR (MADHYA PRADESH)
8. SANTOSH PATEL S/O GANESH PATEL, AGED
ABOUT 60 YEARS, OCCUPATION: DAILY WAGE
MUSTER ROLL EMPLOYEE, DR HARI SINGH
GOUR VISHWAVIDYALAYA SAGAR (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI ARVIND KUMAR SHRIVASTAVA - ADVOCATE)
AND
DR HARI SING GOUR VISHAWAVIDYALAYA THROUGH
ITS REGISTRAR SAGAR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI ROHIT PEGWAR - ADVOCATE)
WRIT PETITION No. 20186 of 2023
BETWEEN:-
GEBRIEL LINKAN GOUND S/O LINKAN KUMAR GOUND,
AGED ABOUT 60 YEARS, OCCUPATION: DAILY WAGE
MUSTER ROLL EMPLOYEE DR HARI SINGH GOUR
VISHWAVIDYALAYA SAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARVIND KUMAR SHRIVASTAVA - ADVOCATE)
AND
DR HARISINGH GOUR VISHWAVIDYALA THROUGH ITS
Signature Not Verified
REGISTRAR SAGAR (MADHYA PRADESH)
Signed by: ASHWANI
PRAJAPATI
Signing time: 23-11-2023
10:07:10
6
.....RESPONDENT
(BY SHRI SIDDHARTH SHUKLA - ADVOCATE)
WRIT PETITION No. 23775 of 2023
BETWEEN:-
LAKHANLAL PATEL S/O GORELAL PATEL, AGED ABOUT
60 YEARS, OCCUPATION: DAILY WAGE MUSTER ROLL
EMPLOYEE DR HARI SINGH GOUR VISHWAVIDYALAYA
SAGAR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ARVIND KUMAR SHRIVASTAVA - ADVVOCATE)
AND
DR HARI SINGH GOUR VISHWAVIDYLAYA THROUGH
ITS REGISTRAR SAGAR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SIDDHARTH SHUKLA - ADVOCATE)
These petitions coming on for admission this day, the court passed the
following:
ORDER
These petitions raise singular question as to whether petitioners who are
admittedly daily wagers/muster roll employees, working against Class-IV post,
are entitled to enhance age of superannuation of 62 years or not ?
Reliance is placed on the decision of a Coordinate Bench of this High
Court in Writ Petition No.1550-2011 and other connected matters, wherein, vide
order dated 23.03.2017, Hon'ble Coordinate Bench placing reliance on various
provisions contained in Clause (d) of Section 4 of the Central University Act,
2009 and also on the judgment of High Court in Vishnu Mutiya and others
Vs. State of Madhya Pradesh,2006(1) MPLJ 23(FB),has held that persons
working on daily wages/ muster roll are entitled to continue upto the age of 62
years.
Ms. Shobha Menon, learned Senior Advocate and Shri Siddharth Shukla,
learned counsel for the respondent, in their turn submit that the law laid down in
Vishnu Mutiya (supra) is distinguishable, inasmuch as, they are the employees
who are governed by the statutory provisions contained in M.P. Work Charge
and Contingency Paid Employees (Revision of Pay) Rules, 1977, whereas,
services of daily wagers and muster roll employees are not governed by any
statutory provisions. It is further submitted that in any case petitioners can be
compensated in monetary terms i.e. if writ appeals filed by the University are
dismissed and the order of the leaned Single Judge is affirmed, then petitioners
will be entitled to payment of wages/ salary till the age of 62 years.
Shri Arvind Shrivastava, learned counsel for the petitioner, takes
exception and submits that University has adopted the policy of pick and
choose. They have filed review petitions in some of the writ appeals and they
have chosen not to file review petitions in other set of writ appeals, inasmuch
as, in the first round of litigation all the writ appeals were dismissed and,
thereafter, review petition was allowed, then that order of allowing review
petitions was challenged before the Hon'ble Supreme Court which had
remanded the matter back to the Hon'ble Division Bench for deciding on the
scope of review.
Notwithstanding these facts, the fact of the matter is that thumb rule is
that if somebody can be compensated in terms of monetary benefits, then Court
should have slow or resist in granting injunction. When this thumb rule is taken
into consideration, then the cordial principle of law as well and an undertaking is
furnished by counsel for the University that in case writ appeals are dismissed,
then they are willing to compensate the petitioners in terms of the monetary
benefits which may otherwise would have been admissible to them.
Thus, in view of the said facts, these petitions can be disposed of
holding that petitioners' fate will be subject to the outcome of Writ Appeal
No.748/2017 and other connected writ appeals. In case, University succeeds in
the writ appeal, then that order will be followed in case of petitioners subject to
one caveat that no recovery will be permissible from the petitioners for the work
which has already been rendered by them in the light of the stay orders passed
by Coordinate Benches of this Court and in case the writ appeals are dismissed,
then respondents shall reimburse the monetary benefits within a period of thirty
days of the decision in such writ appeals.
In above terms, petitions are disposed of.
(VIVEK AGARWAL)
JUDGE
A.Praj.
