Bheem Singh Dangode vs The State Of Madhya Pradesh
2023 Latest Caselaw 15254 MP

                                                       1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                               AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                          ON THE 15 th OF SEPTEMBER, 2023
                                           WRIT PETITION No. 3433 of 2022

                           BETWEEN:-
                           RAJ KUMAR GUPTA S/O BALDEV PRASAD GUPTA, AGED
                           ABOUT 41 YEARS, OCCUPATION: NHM EMPLOYEE
                           COMMUNITY HEALTH CENTER, SUKHTAWA, DISTRICT
                           HOSHANGABAD (MADHYA PRADESH)

                                                                              .....PETITIONER
                           (SHRI ABHISHEK TUGNAWAT - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH HEALTH
                                 COMMISSIONER SANCHANALAYA AND HEALTH
                                 SERVICES (MADHYA PRADESH)

                           2.    MISSION       DIRECTOR NATIONAL   HEALTH
                                 M ISSION 8, ARERA HILLS, BHOPAL (MADHYA
                                 PRADESH)

                           3.    GOVT. OF M.P. PUBLIC HEALTH AND FAMILY
                                 WELFARE DEPARTMENT THROUGH CHIEF
                                 SECRETARY BHOPAL (MADHYA PRADESH)

                           4.    CHIEF MEDICAL AND HEALTH        OFFICER
                                 MANDSAUR (MADHYA PRADESH)

                           5.    CHIEF MEDICAL AND HEALTH OFFICER
                                 HOSHANGABAD DIST HOSHANGABAD (MADHYA
                                 PRADESH)

                                                                            .....RESPONDENTS

(SHRI BHUWAN DESHMUKH - GOVERNMENT ADVOCATE AND SHRI ROMESH DAVE - ADVOCATE FOR RESPONDENT NO.2)

WRIT PETITION No. 496 of 2022

BETWEEN:-

Signature Not Verified Signed by: SOURABH YADAV Signing time: 15-09-2023 17:04:32

1. MANISH KUMAR SEN S/O BHOLURAM SEN, AGED ABOUT 42 YEARS, OCCUPATION: NHM EMPLOYEE BRAHMAN MOHALLA, WARD NO. 11, TEHSIL MANAWAR (MADHYA PRADESH)

2. PRAVESH KUMAR KUSHWAH S/O SHRI RAMCHARAN KUSHWAHA, AGED ABOUT 35 Y E A R S , OCCUPATION: NHM EMPLOYEE CHETGIRI COLONY, CHHATARPUR (MADHYA PRADESH)

.....PETITIONER (SHRI ABHISHEK TUGNAWAT - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH CHIEF SECRETARY BHOPAL (MADHYA PRADESH)

2. MISSION DIRECTOR NATIONAL HEALTH M ISSION 8, ARERA HILLS BHOPAL (MADHYA PRADESH)

3. HEALTH COMMISSIONER SANCHNALAYA AND HEALTH SERVICES BHOPAL (MADHYA PRADESH)

4. CHIEF MEDICAL AND HEALTH OFFICER SHAJAPUR (MADHYA PRADESH)

5. CHIEF MEDICAL AND HEALTH OFFICER JHABUA (MADHYA PRADESH)

6. CHIEF MEDICAL AND HEALTH OFFICER DHAR (MADHYA PRADESH)

7. CHIEF MEDICAL AND HEALTH OFFICER CHATTARPUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI BHUWAN DESHMUKH - GOVERNMENT ADVOCATE AND SHRI ROMESH DAVE - ADVOCATE FOR RESPONDENT NO.2)

WRIT PETITION No. 1221 of 2022

BETWEEN:-

1. RATANSINGH JAMLE S/O GALASINGH JAMLE, AGED ABOUT 36 YEARS, OCCUPATION: NHM EMPLOYEE 304 WARD NO. 3 BAGLI (MADHYA Signature Not Verified Signed by: SOURABH YADAV Signing time: 15-09-2023 17:04:32

PRADESH)

2. BALRAJ UJJAINI S/O SHRI BADRILAL JI UJJAINI, AGED ABOUT 38 YEARS, OCCUPATION: NHM EMPLOYEE SANYOG NAGAR (MADHYA PRADESH)

.....PETITIONER (SHRI ABHISHEK TUGNAWAT - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR. CHIEF SECRETARY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE MISSION DIRECTOR NATIONAL HEALTH M ISSION 8, ARERA HILLS, BHOPAL (MADHYA PRADESH)

3. HEALTH COMMISSIONER SANCHNALAYA AND HEALTH SERVICES BHOPAL (MADHYA PRADESH)

4. THE CHIEF MEDICAL AND HEALTH OFFICER UJJAIN (MADHYA PRADESH)

5. THE CHIEF MEDICAL AND HEALTH OFFICER SHAJAPUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI BHUWAN DESHMUKH - GOVERNMENT ADVOCATE AND SHRI ROMESH DAVE - ADVOCATE FOR RESPONDENT NO.2)

WRIT PETITION No. 3400 of 2022

BETWEEN:-

BHEEM SINGH DANGODE S/O SHRI SAMPAT DANGODE, AGED ABOUT 38 YEARS, OCCUPATION: NHM EMPLOYEE R/O 7 INDRAPURI COLONY, JASWADI ROAD (MADHYA PRADESH)

.....PETITIONER (SHRI ABHISHEK TUGNAWAT - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH HEALTH COMMISSIONER SANCHNALAYA AND HEALTH SERVICES (MADHYA PRADESH) Signature Not Verified Signed by: SOURABH YADAV Signing time: 15-09-2023 17:04:32

2. THE MISSION DIRECTOR NATIONAL HEALTH M ISSION 08, ARERA HILLS, BHOPAL (MADHYA PRADESH)

3. GOVT. OF M.P. PUBLIC HEALTH ANF FAMILY WELFARE DEPT. THROUGH CHIEF SECRETARY BHOPAL (MADHYA PRADESH)

4. CHIEF MEDICAL AND HEALTH OFFICER KHARGONE. (MADHYA PRADESH)

5. CHIEF MEDICAL AND HEALTH OFFICER KHANDWA (MADHYA PRADESH)

.....RESPONDENTS (SHRI BHUWAN DESHMUKH - GOVERNMENT ADVOCATE AND SHRI ROMESH DAVE - ADVOCATE FOR RESPONDENT NO.2)

WRIT PETITION No. 3430 of 2022

BETWEEN:-

RAKESH AJNAR S/O DHULIYA AJNAR, AGED ABOUT 36 YEARS, OCCUPATION: SERVICE 19/8 RANAPUR ROAD (MADHYA PRADESH)

.....PETITIONER (SHRI ABHISHEK TUGNAWAT - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH CHIEF SECRETARY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE MISSION DIRECTOR NATIONAL HEALTH M ISSION 08, ARERA HILLS, BHOPAL (MADHYA PRADESH)

3. HEALTH COMMISSIONER SANCHNALAYA AND HEALTH SERVICES, BHOPAL (MADHYA PRADESH)

4. THE CHIEF MEDICAL AND HEALTH OFFICER NEEMUCH (MADHYA PRADESH)

5. THE CHIEF MEDICAL AND HEALTH OFFICER JHABUA (MADHYA PRADESH)

Signature Not Verified Signed by: SOURABH YADAV Signing time: 15-09-2023 17:04:32

.....RESPONDENTS (SHRI BHUWAN DESHMUKH - GOVERNMENT ADVOCATE AND SHRI ROMESH DAVE - ADVOCATE FOR RESPONDENT NO.2)

T h is petition coming on for orders this day, t h e cou rt passed the following:

ORDER In the instant petitions, a challenge has been made to the order dated 12.11.2021 and 07.12.2021, whereby, the whole selection process for the post of District Accounts Manager (DAM) has been cancelled.

2. Learned counsel for the respondent no.2 has filed an application for dismissal of the petition mainly on the ground that similar petition has already been dismissed by the co-ordinate bench at Jabalpur in WP No.27731/2021 (Sharad Kumar Pathak and Anor Vs. State of MP and Ors). Against the said order, writ appeal has also been dismissed.

3. Learned counsel for the petitioners does not dispute the fact that the matter stands decided by the co-ordinate bench at Jabalpur. However, he submits that an SLP is pending against the order passed by the co-ordinate bench at Jabalpur.

4. After hearing learned counsel for the parties and taking into consideration that the similar petition has been dismissed by the co-ordinate bench at Jabalpur in the case of Sharad (supra) and the said order has been affirmed by the Division Bench, which is not disputed.

5. In view of the aforesaid, the present petitions stand dismissed.

6. The judgment passed in the case of Sharad (supra) shall apply mutatis mutandis in the present case.

Signature Not Verified Signed by: SOURABH YADAV Signing time: 15-09-2023 17:04:32

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 15-09-2023 17:04:32