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Madhya Pradesh High Court

Smt Sulochna Barmaiya vs The State Of Madhya Pradesh on 20 September, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                              1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 20 th OF SEPTEMBER, 2023
                                               WRIT PETITION No. 23373 of 2023

                           BETWEEN:-
                           SMT SULOCHNA BARMAIYA W/O LATE SHRI
                           RAJENDRA PRASAD BARMAIYA, AGED ABOUT 53
                           YEARS, OCCUPATION: PROCESS SERVER POSTED AT
                           RELEVANT TIME AT TEHSIL OFFICE BICCHIYA R.N.M.
                           BICHHIYA CIRCLE ANJNIYA DISTT. MANDLA (MADHYA
                           PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI NEERAJ PATHAK - ADVOCATE )

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY REVENUE DEPARTMENT
                                 MANTRALAYA, VALLABH BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           2.    COLLECTOR    MANDLA DISTRICT            MANDLA
                                 (MADHYA PRADESH)

                           3.    MUKESH   KUMAR    SINGOUR  S/O  SHRI
                                 BAZAARILAL R/O GRAM AND POST DHENKO
                                 TEHSIL AND DISTRICT MANDLA (MADHYA
                                 PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI RITWIK PARASHAR - GOVERNMENT ADVOCATE )

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

This petition under Article 226 of Constitution of India has been filed seeking the following reliefs :-

"I. To call for entire relevant record. II. To issue writ in the nature of certiorari to quash the impugned order dated 19.05.2023 contained as (Annexure P/1) passed by the respondent no.2. III. To issue writ in the nature of mandamus by directing the respondent no.2 to regularize the service of the petitioner from the post of Process Server to the Peon in the light of circular issued by respondents and give all consequential benefits from the date junior to the petitioner regularized on the post of Peon.

IV. Any other relief together cost of the petition which this Hon'ble Court deem fit and proper under the facts and circumstances of this case may also be awarded in favour of the petitioner."

2. This petition has been filed under an impression that the private respondent, who was junior to the petitioner and daily wager, has been regularized. Furthermore, the petitioner has also placed reliance on a Circular dated 21.05.2019 (Annexure P-3) to claim regularization.

3. From plain reading of Circular dated 21.05.2019 it is clear that it makes provision for appointment and not regularization.

4. Faced with such a situation, counsel for petitioner seeks permission of this Court to withdraw this petition with liberty to file a properly constituted petition on the basis of correct documents to show that the petitioner is entitled for regularization.

5. With aforesaid liberty, the petition is dismissed as withdrawn.

(G.S. AHLUWALIA) JUDGE TG /-