Madhya Pradesh High Court
Dinesh Kumar Tiwari vs Secretary The State Of Madhya Pradesh on 7 February, 2024
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 7 th OF FEBRUARY, 2024
WRIT PETITION No. 919 of 2014
BETWEEN:-
KRISHNA PRASAD SHARMA S/O SHRI B.P. SHARMA,
AGED ABOUT 58 Y E A R S , OCCUPATION: LAB
TECHNICIAN, GOVT. POLYTECHNIC COLLEGE
WAIDHAN, DISTT. SINGRAULI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI R.K. SAMAIYA - ADVOCATE)
AND
1. STATE OF M.P., THROUGH SECRETARY
TECHNICAL EDUCATION, VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. DIRECTOR OF TECHNICAL EDUCATION 4TH
FLOOR, SATPURA BHAWAN, BHOPAL (MADHYA
PRADESH)
3. JOINT DIRECTOR OF TECHNICAL EDUCATION
4TH FLOOR, SATPURA BHAWAN, BHOPAL
(MADHYA PRADESH)
4. PRINCIPAL GOVT. POLYTECHNIC COLLEGE,
WAIDHAN DISTT. SINGRAULI (MADHYA
PRADESH)
5. ARUN PRATAP SINGH S/O SHRI AKHAND PRATAP
SINGH, AGED ABOUT 50 YEARS, OCCUPATION:
LAB TECHNICIAN GOVT. POLYTECHNIC
C O L L E G E , WAIDHAN, DISTT. SINGRAULI
(MADHYA PRADESH)
6. SUKHNANDAN PRASAD KUMHAR S/O SHRI B.
PRASAD KUMHAR, AGED ABOUT 50 YEARS,
OCCUPATION: LAB TECHNICIAN GOVT.
POLYTECHNIC COLLEGE, WAIDHAN, DISTT.
SINGRAULI (MADHYA PRADESH)
Signature Not Verified
Signed by: TULSA SINGH
Signing time: 08-02-2024
18:12:44
2
.....RESPONDENTS
(BY SHRI SOURABH SONI - PANEL LAWYER FOR RESPONDENT/STATE)
WRIT PETITION No. 920 of 2014
BETWEEN:-
DINESH KUMAR TIWARI S/O SHRI MADAN GOPAL
TIWARI, AGED ABOUT 50 YEARS, OCCUPATION: LAB
TECHNICIAN GOVT. POLYTECHNIC COLLEGE,
WAIDHAN, DISTT. SINGRAULI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI R.K. SAMAIYA - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH, THROUGH
SECRETARY TECHNICAL EDUCATION, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. DIRECTORATE OF TECHNICAL EDUCATION 4TH
FLOOR SATPURA BHAWAN, BHOPAL (MADHYA
PRADESH)
3. JOINT DIRECTOR OF TECHNICAL EDUCATION,
4TH FLOOR SATPUDA BHAWAN, BHOPAL
(MADHYA PRADESH)
4. PRINCIPAL GOVT. POLYECHNIC COLLEGE
WAIDHAN, DISTT. SINGRAULI (MADHYA
PRADESH)
5. ARUN PRATAP SINGH S/O SHRI AKHAND PRATAP
SINGH , AGED ABOUT 50 YEARS, OCCUPATION
LAB TECHNICIAN GOVT. POLYTECHNIC
C O L L E G E , WAIDHAN, DISTT. SINGRAULI
(MADHYA PRADESH)
6. SUKHNANDAN PRASAD KUMHAR S/O SHRI
B.PRASAD KUMHAR , AGED ABOUT 50 YEARS,
OCCUPATION LAB TECHNICIAN,
GOVT.POLYTECHNIC COLLEGE, WAIDHAN,
DISTT. SIGNRAULI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SOURABH SONI - PANEL LAWYER FOR RESPONDENT/STATE)
__________________________________________________________________
Th is petition coming on for hearing this day, th e court passed the
Signature Not Verified
Signed by: TULSA SINGH
Signing time: 08-02-2024
18:12:44
3
following:
ORDER
Petitioners' contention is that after initial promotion to the post of Lab
Attendant with the permission of department, petitioners passed Higher
Secondary Examination namely Uttar Madhyama Certificate Examination
(Class-12th) from Madhya Pradesh Sanskrit Board, Bhopal in Science Subject
as is evident from Annexure-P/8 which is mark sheet issued in favour of
Krishna Prasad Sharma and B.Sc. Examination from Madhya Pradesh Bhoj
University, Bhopal with Botany, Zoology and Chemistry as subjects in the year
2010 and 2012 respectively.
2. Thus, it is submitted that since the necessary mandatory qualification
was obtained by the petitioners, it be taken into consideration and petitioners
reversion to the post of Peon may be set aside. It is also submitted that certain
recoveries have been ordered from the petitioner. It is further submitted that
for no fault of the petitioners, recovery cannot be made as petitioners have
actually discharged the duties of the post of Laboratory Assistant.
3 . After hearing learned counsel for the parties and going through the
record, here again Shri R.K. Samaiya, learned counsel for the petitioners, has
placed reliance on the judgment of Hon'ble Supreme Court in the case of
Rakesh Bakshi and another Vs. State of Jammu and Kashmir, (2019) 3
SCC 511 wherein the fact of the matter is that qualifications attained by the
petitioners will not relate back to a retrospective date. Qualifications are
required to adjudged on the date when the case of petitioner was considered by
the concerned DPC.
4. Accordingly, both these petitions can be disposed of with the following
directions namely :
( i ) The order of recovery is hereby quashed.
Petitioners will not be subject to any recovery as they
had actually performed the work. However, the order
of reversion is upheld.
(ii). Respondents are directed to consider the cases
of the petitioners for promotion to the post of
Laboratory Assistant after the date when they had
attained the mandatory educational qualifications as
may have been prescribed at the relevant point of time
in the concerned Recruitment Rules and if there was any
vacancy or petitioners were eligible or any person
junior to the petitioners was promoted, then review
DPC be convened and conducted, if found fit, to grant
benefit of promotion to the post of Laboratory Assistant
after the date of their attaining the qualifications. For
the intervening period, they will be deemed to be Peon
for all practical purposes.
5. In above terms, both these petitions are disposed of.
(VIVEK AGARWAL)
JUDGE
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