Madhya Pradesh High Court
Vinay Nigam vs The State Of Madhya Pradesh on 20 June, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1 W.P. No.1539 of 2018,
W.P. No.1541/2018, W.P. No.1712/2018
W.P. No.2644/2018, W.P. No.3706/2018
W.P. No.3716/2018, W.P. No.16735/2018
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 20th OF JUNE, 2023
WRIT PETITION No. 1539 of 2018
BETWEEN:-
ARUN PARMAR S/O L.K. PARMAR,
AGED ABOUT 48 YEARS, POST-
DEPUTY SECRETARY, COMMERCIAL
TAX DEPARTMENT, VALLABH
BHAWAN, BHOPAL, R/O E-115/45,
SHIVAJI NAGAR, BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI DEEPAK
SAHU - ADVOCATE )
AND
1. STATE OF MADHYA PRADESH
THROUGH CHIEF SECRETARY
GOVT. OF M.P VALLABH
BHAWAN, BHOPAL (MADHYA
PRADESH)
2. STATE OF MADHYA PRADESH,
THROUGH PRINCIPAL
SECRETARY, GENERAL
ADMINISTRATION
DEPARTMENT (PERSONNAL),
GOVT. OF M.P. VALLABH
BHAWAN, BHOPAL (MADHYA
PRADESH)
3. SHRI DINESH JAIN THROUGH
PRINCIPAL SECRETARY
GENERAL ADMINISTRATION
DEPARTMENT (PERSONNEL)
MANTRALAYA, VALLABH
BHAWAN, (MADHYA PRADESH)
4. SHRI SANJAY KUMAR MISHRA
THR. PRINCIPAL SECRETARY,
2 W.P. No.1539 of 2018,
W.P. No.1541/2018, W.P. No.1712/2018
W.P. No.2644/2018, W.P. No.3706/2018
W.P. No.3716/2018, W.P. No.16735/2018
GENERAL ADMINISTRATION
DEPARTMENT (PERSONNEL)
MANTRALAYA, VALLABH
BHAWAN, (MADHYA PRADESH)
5. SHRI GIRISH SHARMA THR.
PRINCIPAL SECRETARY,
GENERAL ADMINISTRATION
DEPARTMENT (PERSONNEL)
MANTRALAYA, VALLABH
BHAWAN, (MADHYA PRADESH)
6. SHRI SHIVRAJ SINGH VERMA
THR. PRINCIPAL SECRETARY,
GENERAL ADMINISTRATION
DEPARTMENT (PERSONNEL)
MANTRALAYA, VALLABH
BHAWAN, (MADHYA PRADESH)
.....RESPONDENTS
(STATE BY MS. SWATI ASEEM GEORGE - PANEL LAWYER,
RESPONDENTS NO.3 & 4 BY SHRI SANJAY K. AGRAWAL -
ADVOCATE WITH MS. ANKITA KHARE - ADVOCATE &
RESPONDENT NO.6 BY SHRI SHIVAM MISHRA -
ADVOCATE)
WRIT PETITION No. 1541 of 2018
BETWEEN:-
VIVEK SHROTRIYA S/O P.D.
SHROTRIYA, AGED ABOUT 48 YEARS,
POST ADDITIONAL DRECTOR
HEALTH SERVICES R/O E-109/37,
SHIVAJI NAGAR, BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI ANSHUMAN SINGH - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH
THROUGH CHIEF SECRETARY
GOVERNMENT OF MP
VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. STATE OF MADHYA PRADESH
THROUGH PRINCIPAL
SECRETARY GAD (PERSONAL)
3 W.P. No.1539 of 2018,
W.P. No.1541/2018, W.P. No.1712/2018
W.P. No.2644/2018, W.P. No.3706/2018
W.P. No.3716/2018, W.P. No.16735/2018
GOVT. OF M.P. VALLABH
BHAWAN, BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(STATE BY MS. SWATI ASEEM GEORGE - PANEL LAWYER,
RESPONDENT / INTERVENOR BY SHRI SANJAY K. AGRAWAL
- ADVOCATE WITH MS. ANKITA KHARE - ADVOCATE)
WRIT PETITION No. 1712 of 2018
BETWEEN:-
WARAD MURTI MISHRA S/O LATE
R.J. MISHRA, AGED ABOUT 48
YEARS, POST CHIEF EXECUTIVE
OFFICER, ZILA PANCHAYAT
KHANDWA, M.P. R/O CIVIL LINES,
KHANDWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI DEEPAK
SAHU - ADVOCATE )
AND
1. STATE OF MADHYA PRADESH
THROUGH CHIEF SECRETARY
GOVERNMENT OF M.P
VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. STATE OF MADHYA PRADESH
THROUGH PRINCIPAL
SECRETARY GAD (PERSONNAL)
GOVERNMENT OF MADHYA
PRADESH VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(STATE BY MS. SWATI ASEEM GEORGE - PANEL LAWYER)
WRIT PETITION No. 2644 of 2018
BETWEEN:-
SMT. MANISHA SENTIYA W/O SHRI
CHANDRAKANT SENTIYA, AGED
ABOUT 47 YEARS, OCCUPATION:
GOVT. JOB, R/O D-22 UPANT
COLONY, CHAR IMALI BHOPAL
4 W.P. No.1539 of 2018,
W.P. No.1541/2018, W.P. No.1712/2018
W.P. No.2644/2018, W.P. No.3706/2018
W.P. No.3716/2018, W.P. No.16735/2018
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI ANVESH SHRIVASTAVA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
THR. PRINCIPAL SECRETARY GAD
VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
.....RESPONDENT
(STATE BY MS. SWATI ASEEM GEORGE - PANEL LAWYER &
RESPONDENT / INTERVENOR BY SHRI SANJAY K. AGRAWAL -
ADVOCATE WITH MS. ANKITA KHARE - ADVOCATE)
WRIT PETITION No. 3706 of 2018
BETWEEN:-
SMT. BHARATI OGREY W/O SHRI
RAJESH OGREY, AGED ABOUT 49
YEARS, OCCUPATION: CURRENT
OCCUPATION GOVERNMENT
EMPLOYEE, R/O DK-2/02 DANISH
KUNJ KOLAR BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI ANVESH SHRIVASTAVA - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH
THR. PRINCIPAL SECRETARY
GAD VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. SHRI DINESH JAIN S/O LATE
SHRI LAKHMICHAND JAIN,
AGED ABOUT 48 YEARS,
WORKING AS EXAMINATION
CONTROLLER MP P.S.C
RESIDENCY INDORE (MADHYA
PRADESH)
3. SHRI SANJAY KUMAR MISHRA
S/O SHRI B.S MISHRA, AGED
ABOUT 50 YEARS, PRESENTLY
WORKING AS JOINT RESIDENT
5 W.P. No.1539 of 2018,
W.P. No.1541/2018, W.P. No.1712/2018
W.P. No.2644/2018, W.P. No.3706/2018
W.P. No.3716/2018, W.P. No.16735/2018
COMMISISONER MP BHAWAN
MUMBAI (MAHARASHTRA)
4. SHRI GIRISH SHARMA, AGED
ABOUT 45 YEARS, CURRENTLY
POSTED AS DEPUTY
SECRETARY ELECTION
COMMISSION BHOPAL
(MADHYA PRADESH)
5. SHIVRAJ SINGH VERMA, AGED
ABOUT 48 YEARS, CURRENTLY
POSTED AS ADDITIONAL
COLLECTOR GWALIOR
(MADHYA PRADESH)
.....RESPONDENTS
(STATE BY MS. SWATI ASEEM GEORGE - PANEL LAWYER &
RESPONDENT NO.2 / INTERVENOR BY SHRI SANJAY K. AGRAWAL -
ADVOCATE WITH MS. ANKITA KHARE - ADVOCATE)
WRIT PETITION No. 3716 of 2018
BETWEEN:-
RAJESH OGREY S/O LATE SHRI
DHANARAM OGREY, AGED ABOUT
48 YEARS, OCCUPATION: GOVT.
EMPLOYEE, R/O DK-2/02 DANISH
KUNJ KOLAR BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI ANVESH SHRIVASTAVA - ADVOCATE
AND
1. STATE OF MADHYA PRADESH
THR. PRINCIPAL SECRETARY
GAD VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. DINESH JAIN S/O LATE
LAKHMICHAND JAIN, AGED
ABOUT 48 YEARS, PRESENTLY
WORKING AS EXEMINATION
CONTROLLER MP PSC
RESIDENCY INDORE (MADHYA
PRADESH)
3. SANJAY KUMAR MISHRA S/O B
6 W.P. No.1539 of 2018,
W.P. No.1541/2018, W.P. No.1712/2018
W.P. No.2644/2018, W.P. No.3706/2018
W.P. No.3716/2018, W.P. No.16735/2018
S MISHRA, AGED ABOUT 50
YEARS, PRESENTLY WORKING
JOINT RESIDENT
COMMISSIONER MP BHAWAN
MUMBAI (MAHARASHTRA)
4. GIRISH SHARMA S/O NOT
MENTION, AGED ABOUT 45
YEARS, CURRENTLY POST AS
DEPUTY SECRETARY
ELECTION COMMISSION
(MADHYA PRADESH)
5. SHIVRAJ SINGH VERMA S/O
NOT MENTION, AGED ABOUT 48
YEARS, CURRENTLY POSTED
AS ADDITIONAL COLLECTOR
(MADHYA PRADESH)
.....RESPONDENTS
(STATE BY MS. SWATI ASEEM GEORGE - PANEL LAWYER &
RESPONDENT NO.2 / INTERVENOR BY SHRI SANJAY K. AGRAWAL -
ADVOCATE WITH MS. ANKITA KHARE - ADVOCATE)
WRIT PETITION No. 16735 of 2018
BETWEEN:-
VINAY NIGAM S/O LATE SHRI M.C.
NIGAM, AGED ABOUT 49 YEARS,
OCCUPATION: GOVERNMENT
SERVICE, R/O 102/21, SHIVAJI
NAGAR, BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI DEEPAK
SAHU - ADVOCATE )
AND
1. STATE OF MADHYA PRADESH
THR. ITS CHIEF SECRETARY
GOVERNMENT OF M.P.
MANTRALAYA VALLABH
BHAWAN BHOPAL (MADHYA
PRADESH)
2. PRINCIPAL SECRETARY
GENERAL ADMINISTRATION
DEPARTMENT PERSONNEL
7 W.P. No.1539 of 2018,
W.P. No.1541/2018, W.P. No.1712/2018
W.P. No.2644/2018, W.P. No.3706/2018
W.P. No.3716/2018, W.P. No.16735/2018
GOVT OF MP MANTRALAYA
VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
3. DINESH JAIN THROUGH
PRINCIPAL SECRETARY
GENERAL ADMINISTRATION
DEPARTMENT PERSONNEL
MANTRALAYA VALLABH
BHAWAN BHOPAL (MADHYA
PRADESH)
4. SANJAY KUMAR MISHRA
THROUGH PRINCIPAL
SECRETARY GENERAL
ADMINISTRATION
DEPARTMENT PERSONNEL
MANTRALAYA VALLABH
BHAWAN BHOPAL (MADHYA
PRADESH)
5. GIRISH SHARMA THROUGH
PRINCIPAL SECRETARY
GENERAL ADMINISTRATION
DEPARTMENT PERSONNEL
MANTRALAYA VALLABH
BHAWAN BHOPAL (MADHYA
PRADESH)
6. SHIVRAJ SINGH VERMA
THROUGH PRINCIPAL
SECRETARY GENERAL
ADMINISTRATION
DEPARTMENT PERSONNEL
MANTRALAYA VALLABH
BHAWAN BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(STATE BY MS. SWATI ASEEM GEORGE - PANEL LAWYER)
These petitions coming on for admission this day, the court passed
the following:
ORDER
By this common order, connected W.P. No.1541/2018 (Vivek 8 W.P. No.1539 of 2018, W.P. No.1541/2018, W.P. No.1712/2018 W.P. No.2644/2018, W.P. No.3706/2018 W.P. No.3716/2018, W.P. No.16735/2018 Shrotriya Vs. Chief Secretary Government of M.P.), W.P. No.1712/2018 (Warad Murti Mishra Vs. The State of Madhya Pradesh), W.P. No.2644/2018 (Smt. Manisha Sentiya Vs. The State of Madhya Pradesh), W.P. No.3706/2018 (Smt. Bharati Ogrey Vs. The State of Madhya Pradesh), W.P. No.3716/2018 (Rajesh Ogrey Vs. The State of Madhya Pradesh) and W.P. No.16735/2018 (Vinay Nigam Vs. The State of Madhya Pradesh) shall also be decided.
2. For the sake of convenience, the facts of W.P. No.1539/2018 (Arun Parmar Vs. The State of Madhya Pradesh) shall be taken into consideration.
3. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
"7.1 To call for the entire records. 7.2 To direct the respondents to decide the representation Annexure-P/8 and P/12 by speaking order keeping in view the judgment of the division bench and full bench of the court. 7.2-A To quash and set aside the impugned rejection order dated 24.03.2018 Annexure- P/16;
7.3 To direct the respondents for placement of the petitioner in the seniority list above the person of the subsequent batch before the commencement of the DPC 2018.7.3-A To command/ direct Respondent No.s 01
and 02 to place petitioner in the gradation list with the officers of 1995 batch, with all consequential benefits.
7.4 To pass any other writ/ writs, order/ orders, direction/ directions which the Hon'ble Court feels to be just and proper in the facts and the 9 W.P. No.1539 of 2018, W.P. No.1541/2018, W.P. No.1712/2018 W.P. No.2644/2018, W.P. No.3706/2018 W.P. No.3716/2018, W.P. No.16735/2018 circumstances of the case."
4. It is submitted by the counsel for the petitioner that in the present case itself, the Full Bench was constituted to consider the law governing the grant of seniority to those employees who have passed their requisite departmental examination after completion of extended period of probation and it has been answered that the law laid down by the Full Bench in the case of Masood Akhtar (Dr.) Vs. R.K. Tripathi reported in 2012 (I) MPJR (FB) 375 is proper and accordingly, agreement was expressed with the view expressed by the Full Bench in the case of Masood Akhtar (Dr.) (supra). Apart from the reasoning assigned in the judgment passed in the case of Masood Akhtar (Dr.) (supra), additional reasons were also assigned in this case and accordingly, it was held that there is no justification to further refer this matter to the Larger Bench consisting of five Judges.
5. By referring to paragraph 28 of the judgment passed by the Full Bench constituted in this case itself, it is submitted by the counsel for the petitioner that all the additional aspects have also been taken into consideration and accordingly, it is prayed that the respondents may be directed to decide the representation/ comply with the law laid down by the Full Bench constituted in this case itself.
6. Per contra, the counsel for the respondent tried to distinguish the law laid down by the Full Bench in this case itself.
7. However, this Court is unable to understand as to how the respondent can distinguish the law laid down by the Full Bench which was constituted in this case itself.
10 W.P. No.1539 of 2018,W.P. No.1541/2018, W.P. No.1712/2018 W.P. No.2644/2018, W.P. No.3706/2018 W.P. No.3716/2018, W.P. No.16735/2018
8. Accordingly, these petitions are finally disposed of with the following direction:-
"The respondent shall take the final decision in the matter in the light of the law laid down by the Full Bench by order dated 22/04/2021."
9. Let the entire exercise be completed within a period of three months from the date of receipt of certified copy of this order.
(G.S. AHLUWALIA) JUDGE shubhankar Digitally signed by SHUBHANKAR MISHRA Date: 2023.06.22 10:11:40 +05'30'