Madhya Pradesh High Court
Leeladhar Pardhi vs The State Of Madhya Pradesh on 14 October, 2024
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2024:MPHC-JBP:51239
1 WP-27415-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 14th OF OCTOBER, 2024
WRIT PETITION No. 27415 of 2024
LEELADHAR PARDHI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Devraj Vishwakarma - Advocate for petitioner.
Shri A. S. Baghel - Government Advocate for respondents/State.
ORDER
This petition has been filed seeking the following reliefs -
"(i) To issue a writ in the nature of mandamus to quash the impugned
order dated 29.12.2018 passed by the respondent no.2 and directed to the
respondents authority for decide the claim of the petitioners in the light of the
Judgment Smita Shrivastava (Supra)passed by the Hon'ble Apex Court.
(ii) To' issue a writ in the nature of mandamus for directed to the
respondents to issue the appointment order after considering the case of the
petitioners in view of the amended criteria, for appointment on the post of
Contract Teacher Grade-III, if found otherwise eligible for appointment with all
the consequential benefits.
(iii) That, the Judgment delivered in the case of Smita Shrivastava
Versus State of Madhya Pradesh (Supra) is declared fully applicable petitioners
and the petition is disposed of the similar terms and with similar directions.
(iv) To grant any other relief, which this Hon'ble Court may deem fit
and proper in the facts and circumstances of the case including the cost of
litigation in favour of the petitioner."
It is pointed out that the petitioner has already gone a series of litigation. He has
produced different orders which are filed along with the list of documents. Order dated
05.09.2018 passed in W. P. No.11305/2018 wherein the petition was disposed off in
NEUTRAL CITATION NO. 2024:MPHC-JBP:51239
2 WP-27415-2024
terms of Manmohan Mathur and others v. State of M.P. : W. P. No.1102/2010 and the
authorities were directed to consider the case of the petitioner therein in the light of the
aforesaid order. Thereafter the contempt petition was preferred and the same was
dismissed as withdrawn directing to assail the order in the writ appeal.
It is pointed out that in the similar circumstances, identical case of the petitioner
has been considered and decided by the Coordinate Bench of this Court in W.P.
No.29871/2022 (Kishore Kumar Nagar and another v. The State of Madhya Pradesh
and others) dated 31.08.2024 and other connected petitions wherein the impugned
order was quashed and the authorities were directed to consider the case of the
petitioner therein in terms of the order passed by the Hon'ble Supreme Court in SLP
(Civil) No.23966-23968 of 2022 (Smita Shrivastava v. The State of M.P. & Ors.)
decided on 03.05.2024.
State counsel could not dispute the aforesaid fact and fairly submits that the
matter is squarely covered by Smita Shrivastava (supra).
Under these circumstances, this petition is disposed off in terms of the order
passed in Kishore Kumar Nagar (supra) and in the bunch of petitions. The authorities
are free to examine the parity of the petitioners with the case of Smita Shrivastava
(supra).
Accordingly, petition stands disposed off.
(VISHAL MISHRA)
JUDGE
L.Raj
