Madhya Pradesh High Court
Meena Saini (Jatav) vs The State Of Madhya Pradesh on 30 July, 2024
Author: Pranay Verma
Bench: Pranay Verma
1 WP-20612-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 30th OF JULY, 2024
WRIT PETITION No. 20612 of 2024
MEENA SAINI (JATAV) AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ayur Jain, learned counsel for the petitioners.
Shri Anendra Singh Parihar, learned Panel Lawyer for the
respondents/State.
ORDER
1. By this petition preferred under Article 226 of the Constitution of India petitioners have prayed for the following reliefs :-
"(a) To issue a writ in nature of certiorari and quash the impugned order (Annexure -P/1) in the interest of justice.
(b) To issue a writ in the nature of mandamus and direct the Respondents to promote/ appoint the Petitioners of the position of staff nurse from the due date i.e. immediately after completion of training of staff nurse and grant consequential benefits to the Petitioners.
(c) Any other writ/writs, reliefs), direction(s),;
instruction(s), which this Hon'ble Court deem fit and proper looking to the above facts and circumstances of the case be also passed in favor of petitioners in the best interest of justice."
2. During course of hearing learned counsel for the parties agreed that this petition in respect of petitioners No.2 and 3 be disposed off in terms of the order passed by this Court in W.P. No.21046/2019 ( Rajendra Porwal Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 31-07-2024 12:44:07 2 WP-20612-2024 S/o Late Shri Daulat Ram Porwal V/s. Urban Development and Housing Department) decided on 05.12.2022 .
3. In view of the census arrived at, this petition in respect of petitioners No.2 and 3 is disposed off by directing that the order passed in the case of Rajendra Porwal (supra) shall be applied mutatis mutandis with full force to these petitioners. The respondents are directed to act in accordance with the direction contained in Rajendra Porwal (supra) in respect of these petitioners.
4. In so far as petitioner No.1 is concerned, learned counsel for the petitioners has submitted that she was under the zone of consideration. However she has been denied promotion in light of earlier decision of the Hon'ble Apex Court. It is submitted that the Apex Court in SLP No.30621/2011 has passed an order on 17.05.2018, wherein it is directed that pendency of the SLP shall not stand in the way for the purpose of promotion from "reserved to reserved" and "unreserved to unreserved" and also in the matter of promotion on merits.
5. Similarly, in the matter related to SLP (C) No.31288/2017, connected to Special Leave to Appeal (C) No.28306/2017, the following direction has been passed on 5.6.2018:-
"Heard learned counsel for the parties. Learned ASG has referred to order dated 17.5.2018 in SLP (C) No.30621/2011. It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. Tag to SLP (C) No.30621 of 2011."Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 31-07-2024 12:44:07
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6. It is further pointed out by the learned counsel for the petitioner that the Union of India on the basis of these directions of the Supreme Court has issued Office Memorandum on 15.6.2018, which is reproduced as under:-
"F.No.36012/11/2016-Estt.(Res-I){Pt-II} Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training Establishment (Reservation-I) Section ***** North Block, New Delhi Dated June 15, 2018 OFFICE MEMORANDUM Subject: Implementation of interim Orders/ directions in Special Leave to Appeal (C) No.30621/2011 arising out of final judgment and order dated 15.07.2011 in CWP No.13218/2009 passed by the Hon'ble High Court of Punjab & Haryana and Special Leave to Appeal © No.31288/2017 arising out of Hon'ble Delhi High Court judgment dated 23.08.2017 and other related court cases- regarding **** The Hon'ble Supreme Court vide its order dated 15.11.2007 in SLP (C) No.28306/2017 has decided to refer to a Constitution Bench to examine whether its earlier decision in M. Nagraj and others Vs. Union of Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 31-07-2024 12:44:07 4 WP-20612-2024 India and others requires reconsideration or not, inter alia, on the issue as to whether test of backwardness would, at all, apply in case of SC and ST.
2. The Hon'ble Supreme Court in SLP (C) No.30621/2011 has passed the following order on 17.05.2018:
"It is directed that the pendency of this Special Leave Petition shall not stand in the way of Union of India taking steps for the purpose of promotion from 'reserved to reserved' and 'unreserved to unreserved' and also in the matter of promotion on merits ................"
3. Further, in the matter related to SLP (C) No.31288/2017, connected to Special Leave to Appeal (C) No.28306/2017, the Hon'ble Supreme Court held as under on 05.06.2018:
"Heard learned counsel for the parties. Learned ASG has referred to order dated 17.05.2018 in SLP (C) No.30621/2011. It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. Tag to SLP © No.30621 of 2011."
4. The cadre controlling authorities of Central Government Ministries, Departments and Union Territories are to carry out promotions in accordance with the directions of the Hon'ble Supreme Court mentioned in paragraphs 2 and 3 above based on existing seniority/ select lists.
5. Every promotion order must clearly mention the stipulation that the promotion shall be subject to further orders which may be passed by the Hon'ble Supreme Court.
6. All Ministries/ Departments are requested to bring this to the notice of all concerned for information/ compliance.
7. State Governments are also advised to take necessaryaction in accordance with the above mentioned orders passed by the Hon'ble Supreme Court.
(G. Srinivasan) Deputy Secretary to the Government of India Tel. : 23093074."
7. It is further pointed out that relying upon the said Office Memorandum and the directions of the Supreme Court, the Coordinate Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 31-07-2024 12:44:07 5 WP-20612-2024 Bench of this Court in the case of Dhirendra Chaturvedi Vs. State of MP & others (WP No.13241/2017), decided on 16.4.2019 has passed the following directions:-
"12. Accordingly, in view of the discussion made hereinabove, taking note of the law laid down by the Apex Court in case of Oriental Insurance Company (supra) and also Ram Sawrup Saroj (supra) and further clarification made by the Government of India vide its Office Memorandum dated 15th June, 2018 and further by this High Court in the case of Kushal Singh (supra), the order impugned is not sustainable and is hereby set aside. The respondents are directed to issue the order of promotion in favour of the petitioner considering the then existing available vacancies as pointed out by the petitioner in his representation of the post of Additional Director. Such exercise be completed within a period of three months from the date of submitting the certified copy of this order."
8. It is further submitted that the Coordinate Bench of this Court in the case of Naresh Sharma Vs. State of MP and another , (WP No.8474/2019) decided on 17.6.2019, has again directed the respondents to pass an appropriate order without influencing with the order of status-quo passed in pending SLP No.13954/2016 in the case of State of MP Vs. R.B. Rai and others.
9. The case of petitioner No.1 is also for promotion from "unreserved to unreserved" and is not from "unreserved to reserved". The status quo order passed by the Apex Court would hence not come in her way. In such circumstances, the respondents are directed to process her case for promotion in accordance with law and pass final order within a period of three months from the date of receipt of certified copy of this order.
Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 31-07-2024 12:44:076 WP-20612-2024
10. In case she is found fit for promotion, the promotion benefit shall be conferred from the date she became eligible for promotion and the same was due.
11. Needless to say that if any promotion order is passed in her favour, it shall be subject to the final disposal of the case by the Supreme Court in the aforesaid S.L.P., which may also be mentioned in the order of promotion.
12. With the aforesaid direction, petition stands disposed off.
(PRANAY VERMA) JUDGE ns Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 31-07-2024 12:44:07