Madhya Pradesh High Court
Manish Patel vs The State Of Madhya Pradesh Through ... on 5 January, 2023
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 5 th OF JANUARY, 2023
WRIT PETITION No. 29996 of 2022
BETWEEN:-
1. MANISH PATEL S/O PRAVEEN PATEL, AGED
ABOUT 35 YEARS, OCCUPATION: SERVICE E-216
R/O SUDAMA NAGAR, DISTRICT INDORE
(MADHYA PRADESH)
2. LAKHAN PAWAR S/O GANGARAM PAWAR, AGED
ABOUT 34 YEARS, OCCUPATION: SERVICE T/O 49
ATACHEDA, BAJAR BHOWK DISTRICT INDORE
(MADHYA PRADESH)
3. PREMKUMAR MALVIYA S/O RAMRATAN
MALVIYA, AGED ABOUT 36 YEARS, OCCUPATION:
SERVICE T/O WARD NO. 12 VILLAGE KULALA
DISTRICT DEWAS (MADHYA PRADESH)
4. KU. TARANNUM KHAN D/O ABDUL QADEER
KHAN, AGED ABOUT 30 YEARS, OCCUPATION:
SERVICE R/O 73 KOYLA BAKHAT, DISTRICT
INDORE (MADHYA PRADESH)
5. VIKAS CHANDEL S/O ATMARAM CHANDEL, AGED
ABOUT 31 YEARS, OCCUPATION: SERVICE R/O
VILLAGE RIJLAI DISTRICT INDORE (MADHYA
PRADESH)
6. RAMCHARAN MALVIYA S/O UDAYRAM MALVIYA,
AGED ABOUT 46 YEARS, OCCUPATION: SERVICE
280 ASRAWADKHURD, RALAMANDAL, DISTRICT
INDORE. (MADHYA PRADESH)
7. RAJAT NIGAM S/O NEERAJ NIGAM, AGED ABOUT
32 YEARS, OCCUPATION: SERVICE R/O 612
SUDAMA NAGAR, DISTRICT INDORE (MADHYA
PRADESH)
8. R ITUR AJ UPADHYAYA S/O SUBHASHCHANDRA,
AGED ABOUT 44 YEARS, OCCUPATION: SERVICE
R/O 02 SANTBALINATH COLONY DISTRICT
UJJAIN (MADHYA PRADESH)
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 06-Jan-23
10:50:36 AM
2
9. SUBODH NAGOR S/O ASHOK NAGOR, AGED
ABOUT 32 YEARS, OCCUPATION: SERVICE R/O
15/209 SAI VIHAR COLONY TEHSIL RAU DISTRICT
INDORE (MADHYA PRADESH)
10. AMIT PATHAK S/O VIRENDRA PATHAK, AGED
ABOUT 46 YEARS, OCCUPATION: SERVICE R/O 99
SUMAN COLONY MHOW GAON, TEHSIL MHOW
DISTRICT INDORE. (MADHYA PRADESH)
11. DHARMENDRA GEHLOT S/O BABULAL GEHLOT,
AGED ABOUT 43 YEARS, OCCUPATION: SERVICE
R/O WARD NO. 1 KODIYAROD MANPUR,
DISTRICT INDORE (MADHYA PRADESH)
12. KAPIL NAGAR S/O SHANKARLAL NAGAR, AGED
ABOUT 30 YEARS, OCCUPATION: SERVICE R/O 76
AGRA BOMBAY RAOD, DEPALPUR DISTRICT
INDORE (MADHYA PRADESH)
13. ARPIT CHOUDHARY S/O BADRILAL CHOUDHARY,
AGED ABOUT 31 YEARS, OCCUPATION: SERVICE
R/O 536/2 BIJALPUR DISTRICT INDORE (MADHYA
PRADESH)
14. ANKIT YADAV S/O SURESH YADAV, AGED ABOUT
30 YEARS, OCCUPATION: SERVICE R/O
RAMKRISHNABAG NEAR VELOCITY TALKIJ,
DISTRICT INDORE (MADHYA PRADESH)
15. YOGESH RAJGHUVANSHI S/O GAJENDRA SINGH,
AGED ABOUT 37 YEARS, OCCUPATION: SERVICE
R/O 31/176 SITARAM COLONY CAT ROAD
DISTRICT GUNA (MADHYA PRADESH)
16. DEEPAK SAXENA S/O NARESHCHANDRA SAXENA,
AGED ABOUT 36 YEARS, OCCUPATION: SERVICE
R/O H. NO. 16 WARD NO. 36 IN FRONT OF NEW
POLICE LINE PUBLIC SCHOOL, CAT ROAD,
DISTRICT GUNA (MADHYA PRADESH)
17. KU. SEEMA GAWALI D/O DEVISINGH GAWALI,
AGED ABOUT 37 YEARS, OCCUPATION: SERVICE
R/O 59-B SECTOR AYODHYAPURI, MHOW
DISTRICT INDORE. (MADHYA PRADESH)
18. DEEPAK SHARMA S/O BABULAL SHARMA, AGED
ABOUT 31 YEARS, OCCUPATION: SERVICE R/O
CHANDRAWARTIGANJ, TEHSIL SANWER
DISTRICT INDORE (MADHYA PRADESH)
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 06-Jan-23
10:50:36 AM
3
19. KU. PRIYANKA JAISWAL D/O ASHOK JAISWAL,
AGED ABOUT 29 YEARS, OCCUPATION: SERVICE
R/O D-8 JANTA COLONY, NANDA NAGAR,
DISTRICT INDORE (MADHYA PRADESH)
20. VISHAL BHONDWE S/O UDAIRAO BHONDWE,
AGED ABOUT 36 YEARS, OCCUPATION: SERVICE
R/O ONKARMARG, BADA BANGARDA GANDHI
NAGAR, DISTRICT INDORE (MADHYA PRADESH)
21. RAHUL BHAWSAR S/O ASHOK BHAWASAR, AGED
ABOUT 39 YEARS, OCCUPATION: SERVICE R/O 15/1
JAWAHAR MARG, GOUTAMPURA, DISTRICT
INDORE (MADHYA PRADESH)
22. KU. KETAKI PATIDAR D/O RAMESHCHANDRA,
AGED ABOUT 27 YEARS, OCCUPATION: SERVICE
R/O 195 KHAJRANA, DISTRICT INDORE. (MADHYA
PRADESH)
23. KU. PUSHPA CHOUDHARY D/O NARENDRA, AGED
ABOUT 29 YEARS, OCCUPATION: SERVICE R/O 400
BHAWANI NAGA, VIJAY NAGAR, DISTRICT
INDORE (MADHYA PRADESH)
24. KU. NEHA LONGRE D/O SHRI RAJU LONGRE,
AGED ABOUT 29 YEARS, OCCUPATION: SERVICE
R/O 114 JANTA QUARTER, DISTRICT INDORE
(MADHYA PRADESH)
25. ABHIJEET MALVIYA S/O KAMALKISHROE, AGED
ABOUT 29 YEARS, OCCUPATION: SERVICE R/O 116
TIRUPATI VIHAR COLONY, WARD NO. 1 SANWER
DISTRICT INDORE (MADHYA PRADESH)
.....PETITIONERS
(BY MS. ARCHANA UPADHYAYA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
COMMISSIONER CO OPERATION AND
REGISTRAR CO OPERATIVE SOCIETIES
VINDHYANCHAL BHAWAN, DISTRICT BHOPAL.
(MADHYA PRADESH)
2. DEPUTY COMMISSIONER/ADMINISTRATOR
INDORE PREMIERE CO OPERATIVE BANK 24
MAHARANI ROAD, DISTRICT INDORE (MADHYA
PRADESH)
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 06-Jan-23
10:50:36 AM
4
3. JOIN COMMISSIONER CO OPERATIVE
R E G I S T R A R INDORE DIVISION INDORE
(MADHYA PRADESH)
4. CHIEF EXECUTIVE OFFICER INDORE PREMIERE
COOPERATIVE BANK, 24 MAHARANI ROAD,
INDORE DISTRICT INDORE (MADHYA PRADESH)
5. MANAGING DIRECTOR, INDORE PREMIERE CO
OPERATIVE BANK LTD. DISTRICT INDORE.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI RANJEET SEN - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The petitioners have filed this petition praying for the following reliefs:
A. That, this petition may kindly be allowed by issuing an appropriate writ or direction to the respondents, to consider the case of the petitioners for regularization of their services from the date of initial appointment after completion of the period according to circular dated. 05.06.2018, 20.12.2019 and also letter dated 04.02.2022 under Section 55(1) of the Madhya Pradesh Co- Operative Societies Act, 1960 with all consequential benefits.
B. That, the cost of the petition may kindly be awarded to the petitioner.
C. That, any other relief, which this Hon'ble Court deems fit, may kindly be granted to the petitioner.
Learned counsel for the petitioners submits that for the aforesaid reliefs the petitioners have already filed representations which have collectively been filed as Annexure P/4 to this petition before the respondents which have not been decided till now hence direction be issued to the respondents to decide Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 06-Jan-23 10:50:36 AM 5 petitioners' pending representations.
Learned Government Advocate has raised preliminarily objection to the effect that petitioners are having an alternate and an efficacious remedy under Section 55(2) read with Section 64 of the M.P. Co-operative Societies Act.
Learned counsel for the petitioners however submits that presently the petitioners are only praying for a decision of their representations and are not seeking adjudication on merit.
Hence, without commenting upon the merits of the matter, the writ petition is disposed of with a direction to the petitioners to file a fresh representation along with all relevant documents before the respondent No.2/ competent authority within a period of two weeks which shall be decided by the respondent No.3/ competent authority in accordance with law by a reasoned and speaking order within a period of three months from the date of receipt of such representation.
(PRANAY VERMA) JUDGE jyoti Signature Not Verified Signed by: JYOTI CHOURASIA Signing time: 06-Jan-23 10:50:36 AM