Nalendra Nath Sharma vs The State Of Madhya Pradesh
2024 Latest Caselaw 6549 MP

Madhya Pradesh High Court

Nalendra Nath Sharma vs The State Of Madhya Pradesh on 4 March, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 4 th OF MARCH, 2024
                                              WRIT PETITION No. 31669 of 2023

                           BETWEEN:-
                           NALENDRA NATH SHARMA S/O LATE SHRI
                           JAGANNATH PRASAD SHARMA, AGED ABOUT 55
                           Y E A R S , OCCUPATION:    CLERK  POSTED   IN
                           COLLECTRATE BRANCH DISTRICT CO OPERATIVE
                           CENTRAL BANK LIMITED REWA R/O VILLAGE KHERA
                           TEHSIL     HUZURE    DISTRICT  REWA  (MADHYA
                           PRADESH).

                                                                                          .....PETITIONER
                           (BY SHRI RAJKUMAR TRIPATHI - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL   SECRETARY    CO-OPERATIVE
                                 VALLABH   BHAWAN    BHOPAL   (MADHYA
                                 PRADESH).

                           2.    THE COMMISSIONER COOPERATIVE SOCIETIES
                                 VINDHYANCHAL BHAWAN, BHOPAL (MADHYA
                                 PRADESH).

                           3.    JILA SAHKARI KENDRIYA BANK MARYADIT
                                 R E WA DISTRICT REWA (M.P.) THROUGH ITS
                                 MANAGER / CHIEF EXECUTIVE OFFICER
                                 (MADHYA PRADESH).

                                                                                        .....RESPONDENTS
                           (BY SHRI DARSHAN SONI - GOVERNMENT ADVOCATE FOR
                           RESPONDENTS NO. 1 AND 2/STATE AND SHRI UTKARSH PATEL -
                           ADVOCATE FOR RESPONDENT NO.3)

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

Petitioner has filed this petition under Article 226 of the Constitution of

India making a prayer to direct respondent No.3 to continue him in service from date of initial appointment i.e. from 11.06.1998 and correct the gradation list prepared and issued on 31.03.2023.

2. It is submitted by the counsel appearing for the petitioner that case of petitioner is squarely covered by judgment passed by Division Bench in W.P. No. 5757/2011.

3. Respondents have not filed their reply.

4. Heard the counsel for the parties.

5. Considering the facts and circumstances of the case, writ petition filed by petitioner is disposed off directing respondents to consider fresh

representation of the petitioner, which will be filed within period of 15 days from today. While considering the said representation, respondents shall examined whether case of petitioner falls within scope of judgment passed in W.P. No. 5757/2011 by the Division Bench. If case of petitioner is covered by said judgment, then petitioner be given the benefits. Respondents shall also consider the case for all consequential benefits. Said exercise be completed within a period of 90 days from the date of receipt of the fresh representation.

6. With aforesaid direction, writ petition is disposed off.

7. C.C. as per rules.

(VISHAL DHAGAT) JUDGE vkt