Madhya Pradesh High Court

Chandra Shekhar Dixit vs The State Of Madhya Pradesh on 1 May, 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 1 st OF MAY, 2024
                                           WRIT PETITION No. 16131 of 2016

                           BETWEEN:-
                           KAMLESH KUMAR GUPTA S/O LATE SHRI KAMTA
                           PRASAD GUPTA, AGED ABOUT 44 YEARS, KHAMAIA
                           ROAD REHLI, DISTRICT SAGAR (MADHYA PRADESH)

                                                                              .....PETITIONER
                           (BY SHRI MAHENDRA PATERIYA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE PRINCIPAL SECRETARY KISAN KALYAN
                                 TATHA KRISHI VIKAS VIBHAG VALLABH
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           2.    MANAGING DIRECTOR RAJYA KRISHI VIPNAN
                                 BOARD 26, KISAN BHAWAN, JAIL ROAD BHOPAL
                                 (MADHYA PRADESH)

                           3.    MANAGING DIRECTOR RAJYA KRISHI VIPNAN
                                 BOARD 26, KISAN BHAWAN, JAIL ROAD BHOPAL
                                 (MADHYA PRADESH)

                           4.    CHAIRMAN RAJYA KRISHI VIPNAN BOARD 26,
                                 KISAN BHAWAN, JAIL ROAD BHOPAL (MADHYA
                                 PRADESH)

                                                                            .....RESPONDENTS
                           (SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR
                           RESPONDENT NO.1-STATE AND SHRI RAMESHWAR SINGH THAKUR -
                           ADVOCATE FOR RESPONDENTS NO.2 TO 4)

                                           WRIT PETITION No. 16135 of 2016

                           BETWEEN:-
                           CHANDRA SHEKHAR DIXIT S/O LATE SHRI GIRISH
                           KUMAR DIXIT, AGED ABOUT 52 YEARS, OCCUPATION:
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 02-05-2024
11:22:38
                                                       2
                           ASSISTANT SUB INSPECTOR KRISHI UPAJ MANDI
                           SAMITI DEORI SAGAR GRAM PATNA KAKRI TEH-
                           REHLI, DISTRICT SAGAR (MADHYA PRADESH)

                                                                               .....PETITIONER
                           (BY SHRI MAHENDRA PATERIYA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE PRINCIPAL SECRETARY KISAN KALYAN
                                 TATHA KRISHI VIKAS VIBHAG VALLABH
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           2.    MANAGING DIRECTOR RAJYA KRISHI VIPNAN
                                 B O AR D RAJYA KRISHI VIPNAN BOARD, JAIL
                                 ROAD, BHOPAL (MADHYA PRADESH)

                           3.    MANAGING DIRECTOR M.P. RAJYA KRISHI
                                 VIPNAN BOARD 26 KISAN BHAWAN, JAIL ROAD,
                                 BHOPAL (MADHYA PRADESH)

                           4.    CHAIRMAN     STATE     LEVEL     SCRUTINY
                                 COMMITTEE, M.P. RAJYA KRISHI VIPNAN BOARD
                                 2 6 KISAN BHAWAN, JAIL ROAD, BHOPAL
                                 (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                           (SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR
                           RESPONDENT NO.1-STATE AND SHRI RAMESHWAR SINGH THAKUR -
                           ADVOCATE FOR RESPONDENTS NO.2 TO 4)

                                           WRIT PETITION No. 16141 of 2016

                           BETWEEN:-
                           KRISHNA KUMAR AGNIHOTRI S/O SHRI RAMDAS
                           AGNIHOTRI, AGED ABOUT 49 YEARS, OCCUPATION:
                           ASSISTANT SUB INSPECTOR KRISHI UPAJ MANDI
                           SAMITI REHLI WARD NO. 9 REHLI, DISTRICT SAGAR
                           (MADHYA PRADESH)

                                                                               .....PETITIONER
                           (BY SHRI MAHENDRA PATERIYA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE PRINCIPAL SECRETARY KISAN KALYAN
                                 TATHA KRISHI VIKAS VIBHAG VALLABH
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 02-05-2024
11:22:38
                                                       3
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           2.    MANAGING DIRECTOR RAJYA KRISHI VIPNAN
                                 B O A R D RAJYA KRISHI VIPNAN BOARD JAIL
                                 ROAD, BHOPAL (MADHYA PRADESH)

                           3.    MANAGING DIRECTOR RAJYA KRISHI VIPNAN
                                 BOARD 26 KISAN BHAWAN JAIL ROAD, BHOPAL
                                 (MADHYA PRADESH)

                           4.    CHAIRMAN     STATE    LEVEL    SCRUTINY
                                 COMMITTEE M.P RAJYA KRISHI VIPANAN
                                 BOARD 26 KISAN BHAWAN JAIL ROAD, BHOPAL
                                 (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                           (SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR
                           RESPONDENT NO.1-STATE AND SHRI RAMESHWAR SINGH THAKUR -
                           ADVOCATE FOR RESPONDENTS NO.2 TO 4)

                                           WRIT PETITION No. 17668 of 2016

                           BETWEEN:-
                           RAJESH SINGH THAKUR S/O SHRI JAGAT SINGH
                           THAKUR, AGED ABOUT 53 YEARS, OCCUPATION:
                           ASSTT. SUB INSPECTOR KRISHI UPAJ MANDI SAMITI
                           GARHAKOTA DISTT. SAGAR (MADHYA PRADESH)

                                                                              .....PETITIONER
                           (BY SHRI PRAVEEN KUMAR VERMA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY KISAN KALYAN TATHA KRISHI
                                 VIKAS   VIBHAG   MANTRALAYA,   VALLABH
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           2.    MANAGING DIRECTOR RAJYA KRISHI VIPNAN
                                 B O A R D 26, KISAN BHAWAN, JAIL ROAD,
                                 (MADHYA PRADESH)

                           3.    CHAIRMAN    STATE     LEVEL     SCRUTINY
                                 COMMITTEE M.P.RAJYA KRISHI VIPNAN BOARD,
                                 26 KISAN BHAWAN, JAIL ROAD (MADHYA
                                 PRADESH)

                           4.    JOINT DIRECTOR M.P.RAJYA KRISHI VIPNAN
                                 B O A R D ANCHALIK KARYALAYA (MADHYA
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 02-05-2024
11:22:38
                                                         4
                                 PRADESH)

                           5.    SECRETARY KRISHI UPAJ MANDI         SAMITI
                                 DISTRICT SAGAR (MADHYA PRADESH)

                                                                               .....RESPONDENTS
                           (SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE FOR
                           RESPONDENT NO.1-STATE AND SHRI RAMESHWAR SINGH THAKUR -
                           ADVOCATE FOR RESPONDENTS NO.2 TO 5)

                                             WRIT PETITION No. 283 of 2022

                           BETWEEN:-
                           1.    UMESH YADAV S/O SHRI DEEP CHAND YADAV,
                                 AGED ABOUT 58 YEARS, OCCUPATION: WORKING
                                 AS ASSISTANT GRADE III, KRISHI UPAJ MANDI
                                 SAMITI, DAMOH (MADHYA PRADESH)

                           2.    CHARAN DAS GURU S/O SHRI SUKMANIDAS
                                 GURU, AGED ABOUT 50 YEARS, OCCUPATION:
                                 WORKING AS ASSISTANT GRADE II KRISHI UPAJ
                                 MANDI SAMITI, DAMOH (MADHYA PRADESH)

                           3.    AMIT KUMAR KHARE S/O LATE RAMESH KUMAR
                                 KHARE, AGED ABOUT 46 YEARS, OCCUPATION:
                                 WORKING AS ASSISTANT GRADE III KRISHI UPAJ
                                 MANDI SAMITI, DAMOH (MADHYA PRADESH)

                                                                                .....PETITIONERS
                           (NONE FOR THE PETITIONERS)

                           AND
                           1.    MANAGING     DIRECTOR   M.P.    STATE
                                 AGRICULTURE MARKETING BOARD 26 ARERA
                                 HILLS KISHAN BHAWAN BHOPAL (MADHYA
                                 PRADESH)

                           2.    ADDITIONAL DIRECTOR (MANDI KARMIK)
                                 STATE AGRICULTURAL MARKETING BOARD
                                 (MARKETING     BOARD) DISTRICT BHOPAL
                                 (MADHYA PRADESH)

                           3.    JOINT DIRECTOR M.P.STATE AGRICULTURE
                                 MARKETING   BOARD REGIONAL OFFICE AT
                                 SAGAR (MADHYA PRADESH)

                           4.    SECRETARY/ O.I.C. KRISHI UPAJ MANDI SAMITI,
                                 DISTRICT DAMOH (MADHYA PRADESH)
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 02-05-2024
11:22:38
                                                                5

                                                                                       .....RESPONDENTS
                           (BY SHRI RAMESHWAR SINGH THAKUR - ADVOCATE)

                                 These petitions coming on for admission this day, the court passed the
                           following:
                                                                 ORDER

This bunch of petitions is filed by the employees of Madhya Pradesh Rajya Krishi Vipnan Board, Bhopal, being aggrieved of the order dated 27.08.2016 passed by the respondent - Managing Director, Madhya Pradesh Rajya Krishi Vipnan Board, Bhopal, enclosed with the petition as Annexure P- 18 (in W.P. No.16131/2016) vide which claim of the petitioner for regularization w.e.f. 29.07.1998 and grant of consequential benefits, has been denied on the ground that initially 9 persons were appointed in the Mandi Samiti, Rehli, District Sagar. Thereafter, vide order dated 20.11.1998 (Annexure P-3-A in W.P. No.16131/2016), Managing Director of the Board noted a fact that the post of A.S.I. is part of Mandi Board Services and, therefore, Mandi Samiti had no right to make appointment on these posts on ad hoc basis. That being in violation of the provisions issued by the Government and Bye-Law No.34, that order of regularization of 9 persons was set aside.

2. As per Shri Rameshwar Singh Thakur, learned counsel for the respondents only 4 persons approached the Labour Court, Sagar by filing case No.106/99/IDR on 04.08.1999. These persons were Narhari Prasad Tiwari, Rajendra Prasad Shrivastava, Rudrapratap Tiwari and Tulsiram Joshi and in their case, learned Labour Court passed an order on 04.06.2004, setting aside the order passed by the Bharsadhak Adhikari of the concerned Mandi, cancelling the regularization orders of the petitioners.

3. In that case, facts were that, workmen before the Labour Court were

appointed on various dates on collector rate. Thereafter, orders of their permanent classification/regularization were passed and, thereafter, their orders of permanent classification/regularization were cancelled, as a result of which, learned Labour Court vide impugned award showed indulgence and held that workmen will be entitled to the payment of salary in the concerned grade of pay on which they were initially appointed and they are entitled for regularization w.e.f. 29.07.1998.

4. Now, the issue herein is that whether petitioners who had not approached the Labour Court, are entitled to similar relief or not?

5. On 26.04.2024, this Court had posed a question to the learned counsel for the petitioners and the respondents to answer as to whether the benefit extended by the Labour Court, Sagar, is in personam or in rem.

6. Shri Praveen Kumar Verma, learned counsel for one of the petitioners, places reliance on the judgment of High Court of Jammu & Kashmir and Ladakh at Srinagar in case of University of Kashmir, Hazratbal, through its

Registrar Vs. Saif-Ud-Din Mir (LPA No.46/2024, decided on 26.03.2024), wherein in para 32 a reference is given to the judgment of Hon'ble Supreme Court in case of State of Karnataka v. C. Lalitha, (2006) 2 SCC 747, wherein Hon'ble Supreme Court has held as under:-

''29. Service jurisprudence evolved by this Court from time to time postulates that all persons similarly situated should be treated similarly. Only because one person has approached the court that would not mean that persons similarly situated should be treated differently. It is furthermore well settled that the question of seniority should be governed by the rules. It may be true that this Court took notice of the subsequent events, namely, that in the meantime she had also been promoted as Assistant Commissioner which was a Category I post but the direction to create a supernumerary post to adjust her must be held to have been issued only with a view to accommodate her therein as otherwise she

might have been reverted and not for the purpose of conferring a benefit to which she was not otherwise entitled to.''

7. Similarly, reliance is placed on the judgment of Hon'ble Supreme Court in State of Uttar Pradesh and others v. Arvind Kumar Srivastava, (2015) 1 SCC 347, wherein in para 22.1, it is held as under:-

''22.1. The normal rule is that when a particular set of employees is given relief by the court, all other identically situated persons need to be treated alike by extending that benefit. Not doing so would amount to discrimination and would be violative of Article 14 of the Constitution of India. This principle needs to be applied in service matters more emphatically as the service jurisprudence evolved by this Court from time to time postulates that all similarly situated persons should be treated similarly. Therefore, the normal rule would be that merely because other similarly situated persons did not approach the Court earlier, they are not to be treated differently.''

8. Thus, it is evident that the ratio of law is that if a relief is extended to similarly situated persons then, they are to be treated similarly. Only because one person has approached the Court that would not mean that persons similarly situated should be treated differently. That being the ratio of the law and Shri Rameshwar Prasad Thakur, learned counsel for the respondents is not in a position to rebut this legal position and has not produced any judgment of the High Court or the Supreme Court to support his contention that the judgment of the Labour Court is in personam and cannot be extended to similarly situated persons, this Court has no hesitation to allow these petitions and direct that the order of the Labour Court shall apply to the case of the petitioners as well in letter and spirit.