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Madhya Pradesh High Court

Laxman Prasad Raikwar vs The State Of Madhya Pradesh on 6 May, 2025

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

         NEUTRAL CITATION NO. 2025:MPHC-JBP:21222




                                                                 1                            WP-9376-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        BEFORE
                                      HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                      ON THE 6 th OF MAY, 2025
                                                  WRIT PETITION No. 9376 of 2025
                                              LAXMAN PRASAD RAIKWAR
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                              Shri Jitendra Tiwari - Advocate for the petitioner.
                              Shri Rezi Mathai - Panel Lawyer for respondents/State.

                                                                     ORDER

This writ petition has been preferred by the petitioner seeking following reliefs :-

"(i) To call for the records from the respondent no.4 for kind perusal of this Hon'ble Court.
(ii) To issue writ of mandamus commanding the respondents to reinstate the petitioner on his post setting aside the verbal order whereby he is being discontinued from service.
(iii) To issue a writ of mandamus commanding the respondents to pay the proper salary of the post on which the petitioner was working and no adverse orders should be issued against him restraining the respondents from discontinuing petitioner in future.
(iv) Any other reliefs which this Hon'ble Court may deem. just and proper in the facts and circumstances of the case may be also granted in favour of the petitioner along with the cost of this petition."
Signature Not Verified Signed by: SWETA SAHU Signing time: 07-05-2025 12:24:15

NEUTRAL CITATION NO. 2025:MPHC-JBP:21222 2 WP-9376-2025

2. Learned counsel for the petitioner submits that the petitioner is entitled for the relief(s) in the light of order passed by a coordinate Bench of this Court in Writ Petition No.2585/2023 decided on 11/01/2024 (Smt. Archna Patel vs. State of M.P. and Ors.). He further submits that petitioner may be permitted to submit a fresh representation in respect of his grievance with further direction to respondents 2 and 4 to decide the same in the light of decision in the case of Smt. Archna Patel (supra) by passing a reasoned and speaking order in a time bound manner.

3. The prayer made on behalf of the petitioner has not been opposed by the learned counsel appearing for the respondents/State.

4. After hearing learned counsel for the parties, the innocuous prayer made on behalf of the petitioner is hereby accepted with a direction to the petitioner to submit fresh representation to respondent 2-Commissioner, Urban Administration, Government Of Madhya Pradesh, Bhopal and respondent 4-Chief Municipal Officer, Nagar Parishad, Gunnour, Panna, M.P. within a period of 15 days and in turn, respondents 2 and 4 are directed to consider and decide the representation of the petitioner taking into consideration the decision in the case of Smt. Archna Patel (supra) within a period of 90 days from the date of receipt of representation along with the certified copy of this order passed by this Court today by passing a reasoned and speaking order.

5. If the case of petitioner is found to be covered by the decision in the case of Smt. Archna Patel (supra), the petitioner shall be given the requisite benefit in accordance with law.

Signature Not Verified Signed by: SWETA SAHU Signing time: 07-05-2025 12:24:15

NEUTRAL CITATION NO. 2025:MPHC-JBP:21222 3 WP-9376-2025

6. It is also directed that respondents 2 and 4 shall intimate the decision on representation to the petitioner.

7. It is made clear that this Court has not expressed any opinion on merits and demerits of the case.

8. With the aforesaid, this writ petition is disposed off.

9. Misc. application(s), pending if any, shall stand closed.

(DWARKA DHISH BANSAL) JUDGE ss Signature Not Verified Signed by: SWETA SAHU Signing time: 07-05-2025 12:24:15