Dr. (Smt.) Jhingli Jadhav vs The State Of Madhya Pradesh
2023 Latest Caselaw 17627 MP

                                                             1
                                IN   THE      HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                               ON THE 20 th OF OCTOBER, 2023
                                              WRIT PETITION No. 27070 of 2023

                           BETWEEN:-
                           DR. (SMT.) JHINGLI JADHAV W/O SHRI GUMAN SINGH
                           DAWAR, AGED ABOUT 59 YEARS, OCCUPATION:
                           SERVICE GINNING COLONY WARD NO. 2, BARWANI
                           ROAD, RAJPUR, TEHSIL RAJPUR, DISTRICT BARWANI
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI L. C. PATNE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY   DEPARTMENT   OF   HIGHER
                                 EDUCATION VALLABH BHAWAN MANTRALAYA,
                                 BHOPAL (MADHYA PRADESH)

                           2.    THE COLLECTOR AND DISTRICT RETURNING
                                 OFFICER DIST. BARWANI (MADHYA PRADESH)

                           3.    SHRI JITENDRA PATEL, SUB DIVISIONAL
                                 OFFICER     AND    RETURNING       OFFICER
                                 LEGISLATIVE ASSEMBLY AREA NO. 188, RAJPUR,
                                 TEH. RAJPUR DIST. BARWANI (MADHYA
                                 PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. BHARTI LAKKAD - G.A. FOR RESPONDENT NO.1 AND 2)

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

The petitioner is holding the substantive post of Assistant Professor drawing salary in the selection grade pay scale of Rs.12000-18300 and further in

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 20-10-2023 16:34:07

Pay Band IV that is the pay scale of Rs.37400-67000 9000 AGP.

2. The grievance of the petitioner is that by the impugned order the petitioner has been assigned election duty in the ensuing assembly election as Incharge Officer for Webcasting Viewing Team and another impugned order dated 12.10.2023 as EVM Commissioning Nodal Officer.

3. It is argued that the aforesaid orders are contrary to the judgment passed by the division bench of this court in the case of Dr. Ranjit Singh Vs. Bharat Nirvachan Aayukt WP No.1536/2004 decided on 17.1.2005 and also violative of the directives of Election Commission of India whereby they have directed that while assigning the election duty, the pay scale and status of the

employee has to be duly considered. It is also argued that the impugned orders are issued without jurisdiction by the respondent No.3.

4. Considering the aforesaid submissions of the petitioner, the present petition is disposed off with a direction to the petitioner to submit a representation before the District Collector and District Returning Officer, Barwani within three working days from today and if such representation is submitted within the aforesaid period, the same shall be considered and decided by the District Returning Officer within a period of seven days from the date of receipt of the representation keeping in view the judgments passed by the Courts and also the directions of the Election Commission of India and pay scale and status of the petitioner while assigning election duty to him.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 20-10-2023 16:34:07