Madhya Pradesh High Court
Prem Lal Kushwaha vs The State Of Madhya Pradesh on 24 August, 2022
Author: Maninder S Bhatti
Bench: Maninder S Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S BHATTI
ON THE 24th OF AUGUST, 2022
WRIT PETITION No. 18957 of 2022
Between:-
1. PREM LAL KUSHWAHA S/O SHRI RAM
KRISHNA KUSHWAHA, AGED ABOUT 46 YEARS,
OCCUPATION: DAILY WAGES WORKERS
POSTED AT MAHARAJA MARTAND SINGH
JUDEO WHITE TIGER SAFARI AND ZOO
MUKUNDPUR DISTT. SATNA (MADHYA
PRADESH)
2. ASHOK KUMARYADAV S/O SHRI RAM
KHILAWAN YADAV, AGED ABOUT 48 YEARS,
OCCUPATION: DAILY WAGES WORKERS
POSTED AT MAHARAJPUR MARTAND SINGH
JUDEO WHITE TIGER SAFARI AND ZOO
MUKUNDPUR DISTRICT SATNA (MP) (MADHYA
PRADESH)
3. VISHWANATH PRASAD SAKET S/O SHRI
AYODHYA PRASAD SAKET, AGED ABOUT 48
YEARS, OCCUPATION: DAILY WAGES WORKERS
POSTED AT MAHARAJPUR MARTAND SINGH
JUDEO WHITE TIGER SAFARI AND ZOO
MUKUNDPUR DISTRICT SATNA (MP) (MADHYA
PRADESH)
4. JAGMOHAN TRIPATHY S/O SHRI RAMAVTAR
TRIPATHY, AGED ABOUT 50 YEARS,
OCCUPATION: DAILY WAGES WORKERS
POSTED AT MAHARAJPUR MARTAND SINGH
JUDEO WHITE TIGER SAFARI AND ZOO
MUKUNDPUR DISTRICT SATNA (MP) (MADHYA
PRADESH)
5. SUKH LAL BANSAL S/O SHRI SHARDA BANSAL,
AGED ABOUT 42 YEARS, OCCUPATION: DAILY
WAGES WORKERS POSTED AT MAHARAJPUR
MARTAND SINGH JUDEO WHITE TIGER SAFARI
AND ZOO MUKUNDPUR DISTRICT SATNA (MP)
(MADHYA PRADESH)
6. RAM VISHWAS BANSAL S/O SHRI JHALLA
BANSAL, AGED ABOUT 42 YEARS, OCCUPATION:
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 8/29/2022
11:38:32 AM
2
DAILY WAGES WORKERS POSTED AT
MAHARAJPUR MARTAND SINGH JUDEO WHITE
TIGER SAFARI AND ZOO MUKUNDPUR
DISTRICT SATNA (MP) (MADHYA PRADESH)
7. DHARMPAL YADAV S/O SHRI ANANT LAL
YADAV, AGED ABOUT 52 YEARS, OCCUPATION:
DAILY WAGES WORKERS POSTED AT
MAHARAJPUR MARTAND SINGH JUDEO WHITE
TIGER SAFARI AND ZOO MUKUNDPUR
DISTRICT SATNA (MP) (MADHYA PRADESH)
8. SANJAY YADAV S/O SHRI JEEWAN LAL YADAV,
AGED ABOUT 32 YEARS, OCCUPATION: DAILY
WAGES WORKERS POSTED AT MAHARAJPUR
MARTAND SINGH JUDEO WHITE TIGER SAFARI
AND ZOO MUKUNDPUR DISTRICT SATNA (MP)
(MADHYA PRADESH)
9. KAMAL SINGH S/O SHRI KAPTAN BAHADUR
SINGH, AGED ABOUT 37 YEARS, OCCUPATION:
DAILY WAGES WORKERS POSTED AT
MAHARAJPUR MARTAND SINGH JUDEO WHITE
TIGER SAFARI AND ZOO MUKUNDPUR
DISTRICT SATNA (MP) (MADHYA PRADESH)
10. SANTOSH DAHIYA S/O SHRI RAM GOPAL
DAHIYA, AGED ABOUT 38 YEARS, OCCUPATION:
DAILY WAGES WORKERS POSTED AT
MAHARAJPUR MARTAND SINGH JUDEO WHITE
TIGER SAFARI AND ZOO MUKUNDPUR
DISTRICT SATNA (MP) (MADHYA PRADESH)
11. RAKESH PANDEY S/O SHRI RAM NARESH
PANDEY, AGED ABOUT 39 YEARS, OCCUPATION:
DAILY WAGES WORKERS POSTED AT
MAHARAJPUR MARTAND SINGH JUDEO WHITE
TIGER SAFARI AND ZOO MUKUNDPUR
DISTRICT SATNA (MP) (MADHYA PRADESH)
12. SUSHILA BARIYA S/O SHRIPAL BARIYA, AGED
ABOUT 38 YEARS, OCCUPATION: DAILY WAGES
WORKERS POSTED AT MAHARAJPUR
MARTAND SINGH JUDEO WHITE TIGER SAFARI
AND ZOO MUKUNDPUR DISTRICT SATNA (MP)
(MADHYA PRADESH)
13. AJAY SINGARHA S/O SHRI RAMDEEN
SINGARHA, AGED ABOUT 37 YEARS,
OCCUPATION: DAILY WAGES WORKERS
POSTED AT MAHARAJPUR MARTAND SINGH
JUDEO WHITE TIGER SAFARI AND ZOO
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 8/29/2022
11:38:32 AM
3
MUKUNDPUR DISTRICT SATNA (MP) (MADHYA
PRADESH)
14. SUSHIL CHOUDHARY S/O SHRI KAMLA PRASAD
CHOUDHARY, AGED ABOUT 38 YEARS,
OCCUPATION: DAILY WAGES WORKERS
POSTED AT MAHARAJPUR MARTAND SINGH
JUDEO WHITE TIGER SAFARI AND ZOO
MUKUNDPUR DISTRICT SATNA (MP) (MADHYA
PRADESH)
15. JUVRAJ SINGH S/O SHRI RAM NARESH SINGH,
AGED ABOUT 31 YEARS, OCCUPATION: DAILY
WAGES WORKERS POSTED AT MAHARAJPUR
MARTAND SINGH JUDEO WHITE TIGER SAFARI
AND ZOO MUKUNDPUR DISTRICT SATNA (MP)
(MADHYA PRADESH)
16. PRADEEP SINGARHA S/O SHRI AJAY
SINGARHA, AGED ABOUT 22 YEARS,
OCCUPATION: DAILY WAGES WORKERS
POSTED AT MAHARAJPUR MARTAND SINGH
JUDEO WHITE TIGER SAFARI AND ZOO
MUKUNDPUR DISTRICT SATNA (MP) (MADHYA
PRADESH)
17. SUNIL SHUKLA S/O DEVENDRA SHARAN
SHUKLA, AGED ABOUT 34 YEARS,
OCCUPATION: DAILY WAGES WORKERS
POSTED AT MAHARAJPUR MARTAND SINGH
JUDEO WHITE TIGER SAFARI AND ZOO
MUKUNDPUR DISTRICT SATNA (MP) (MADHYA
PRADESH)
18. SURESH SAKET S/O GANPAT SHIVMOHAN
DWIVEDI, AGED ABOUT 51 YEARS,
OCCUPATION: DAILY WAGES WORKERS
POSTED AT MAHARAJPUR MARTAND SINGH
JUDEO WHITE TIGER SAFARI AND ZOO
MUKUNDPUR DISTRICT SATNA (MP) (MADHYA
PRADESH)
19. AMIT KUMAR DWIVEDI S/O SHRI SHIVMOHAN,
AGED ABOUT 30 YEARS, OCCUPATION: DAILY
WAGES WORKERS POSTED AT MAHARAJPUR
MARTAND SINGH JUDEO WHITE TIGER SAFARI
AND ZOO MUKUNDPUR DISTRICT SATNA (MP)
(MADHYA PRADESH)
20. RAM SUKH SAKET S/O SHIV SAHAY SAKET,
AGED ABOUT 37 YEARS, OCCUPATION: DAILY
WAGES WORKERS POSTED AT MAHARAJPUR
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 8/29/2022
11:38:32 AM
4
MARTAND SINGH JUDEO WHITE TIGER SAFARI
AND ZOO MUKUNDPUR DISTRICT SATNA (MP)
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI D.K. DIXIT, LEARNED COUNSEL FOR THE
PETITIONERS )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY DEPARTMENT OF FOREST
MANTRALAYA VALLABH BHAWAN BHOPAL,
M.P. (MADHYA PRADESH)
2. PRINCIPAL CHIEF CONSERVATOR OF FOREST
GOVERNMENT OF MADHYA PRADESH BHOPAL
(MADHYA PRADESH)
3. DIVISIONAL FOREST OFFICER SATNA NEAR
NUKHTYARGANJ RAILWAY GATE CIVIL LINES
SATNA (MADHYA PRADESH)
4. DIRECTOR SATNA MAHARAJ MARTAND SINGH
JUDEO WHITE TIGER SAFARI AND ZOO
MUKUNDPUR DISTRICT SATNA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRADEEP SINGH, LEARNED GOVT ADVOCATE FOR
THE RESPONENTS/STATE. )
This petition coming on for admission this day, th e court passed the
following:
ORDER
The petitioners grievance is that they are engaged as Daily Rated employee with the Maharaja Martand Singh Judev, White Tiger Safari and Zoo, Mukundpur, District-Satna however, on the strength of a memorandum dated 30-06-2022, the petitioners are being compelled to furnish an undertaking to the effect that in the event of termination of their services, they will not take recourse to court of law. Thus, questioning the said memorandum, the petitioners have already made a representation which is contained in Annexure Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 8/29/2022 11:38:32 AM 5 P/5 before the respondent No. 4 on 03-08-2022. The said representation is still pending consideration.
The counsel contends that the petitioners have performed their duty with utmost dedication and satisfaction of all concerned, yet by virtue of the impugned memorandum there is a threat of termination of their services whereas they deserves to be classified as skilled workers in terms of Circular of Department of General Administration dated 07-10-2016.
Since, the petitioners have already highlighted their grievance vide representation contained in Annexure P/5 dated 03-08-2022, the present petition stands disposed of with a direction to the respondents to consider and decide the representation within a period of 60 days from the date of production of certified copy of this order.
Till the decision on their representation, the petitioners shall be allowed to perform their duties.
It is made clear that this interim protection shall remain in force till the decision on the representation or for a period of 60 days ( whichever is earlier).
With the aforesaid, the petition stands disposed off.
(MANINDER S BHATTI) JUDGE PG Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 8/29/2022 11:38:32 AM