M.P Rurl Livelihood Mission vs Satyendra Nath Shrivastava on 3 August, 2022

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Madhya Pradesh High Court

M.P Rurl Livelihood Mission vs Satyendra Nath Shrivastava on 3 August, 2022

Author: Chief Justice

Bench: Ravi Malimath, Vishal Mishra

                           1
      IN THE HIGH COURT OF MADHYA PRADESH
                   AT JABALPUR
                          BEFORE
           HON'BLE SHRI JUSTICE RAVI MALIMATH,
                      CHIEF JUSTICE
                             &
           HON'BLE SHRI JUSTICE VISHAL MISHRA
                   ON THE 3rd OF AUGUST, 2022

                 WRIT APPEAL No. 832 of 2022

     Between:-
1.   M.P.  RURAL LIVELIHOOD  MISSION
     THROUGH CHIEF EXECUTIVE OFFICER
     UNDER   MP PANCHAYAT AND RURAL
     DEVELOPMENT,   DISTRICT  BHOPAL
     (MADHYA PRADESH)

2.   ADDITIONAL CHIEF EXECUTIVE OFFICER
     M.P. RURAL LIVELIHOOD MISSION,
     BHOPAL (MADHYA PRADESH)

3.   ZILA PANCHAYAT, SHAHDOL THROUGH
     ITS CHIEF EXECUTIVE OFFICER, SHAHDOL
     (MADHYA PRADESH)

                                                 .....APPELLANTS
     (BY SHRI AJAY PRATAP SINGH - ADVOCATE )

     AND

1.   SATYENDRA NATH SHRIVASTAVA S/O
     LATE SHRI PREMIAL SHRIVASTAVA
     OCCUPATION:    PROJECT FACILITATOR
     MEMBER      OF     CHAUHARI BLOCK,
     GOHPARU R/O 5/386 GALI NO.2, BEHIND
     DISTRICT COURT, SHAHDOL (MADHYA
     PRADESH)

2.   THE STATE OF MADHYA PRADESH
     THROUGH    PRINCIPAL    SECRETARY,
     PANCHAYAT AND RURAL DEVELOPMENT,
     MANTRALAYA,    VALLABH    BHAWAN,
     BHOPAL (MADHYA PRADESH)

                                                .....RESPONDENTS
                            2
        (BY SHRI PRATEEK DUBEY - ADVOCATE FOR RESPONDENT
        NO.1 AND MS.JANHAVI PANDIT - DEPUTY ADVOCATE
        GENERAL FOR RESPONDENT NO.2 )

       This appeal coming on for orders this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
                                   ORDER

Aggrieved by the interim order dated 26.06.2018 passed by the learned Single Judge in Writ Petition No.12361 of 2018, the respondents No.2, 3 and 4 therein are in appeal.

In terms of the interim order, it was directed that the writ petitioner, if already removed from services, shall be allowed to continue on the said post until further orders.

The facts and circumstances involved here are similar to one that have been considered by this Court while disposing off Writ Appeal No.822 of 2022 vide order dated 03.08.2022. Except to the extent that there has been non-renewal of the contract period of the writ petitioner, rest of the facts and questions of law are similar.

Hence, this appeal is disposed off in terms of the order dated 03.08.2022 passed in Writ Appeal No.822 of 2022 granting a liberty to the writ petitioner to file an appeal under clause 8.2 of the Policy framed under the M.P. State Rural Livelihood Mission (SRLM) by the State Government, Department of Rural and Development within a period of four weeks from today. Interim order dated 26.06.2018 granted by the writ Court in Writ Petition No.12361 of 2018 is extended till the application for interim relief, if any, is considered by the authority.

The writ appeal and the writ petition are accordingly disposed off.

Pending interlocutory applications are disposed off accordingly. A copy of this order be placed on record of Writ Petition No.12361 of 2018.

           (RAVI MALIMATH)                                    (VISHAL MISHRA)
             CHIEF JUSTICE                                         JUDGE
 C




Digitally signed by CHRISTOPHER
PHILIP
Date: 2022.08.06 13:07:00 +05'30'

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