Madhya Pradesh High Court
Rajendra Singh Jat vs State Of M.P. Through Revenue ... on 21 March, 2024
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 21st OF MARCH, 2024
WRIT PETITION No. 28547 of 2019
BETWEEN:-
RAJENDRA SINGH JAT S/O JAWAHAR
SINGH, AGED ABOUT 49 YEARS,
OCCUPATION: EX PROCESS SERVER BADA
HANUMAN MANDIR PURA RAJGARH,
TEHSIL AND DISTRICT RAJGARH
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI AVIRAL VIKAS KHARE, ADVOCATE)
AND
STATE OF M.P. THROUGH REVENUE
DEPARTMENT PRINCIPAL SECRETARY
1.
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
PRINCIPAL REVENUE COMMISSIONER
2. RAJASWA BHAWAN, ARERA HILLS,
BHOPAL (MADHYA PRADESH)
COLLECTOR / DISTRICT MAGISTRATE
3. COLLECTOR COLLECTORATE OFFICE,
RAJGARH (MADHYA PRADESH)
.....RESPONDENTS
(MS. HARSHLATA SONI, G.A.)
This petition coming on for admission this day, the court passed the
following:
ORDER
1] Despite last opportunity being given to the counsel for the State on the last date of hearing i.e., 22/01/2024, counsel for the State has submitted that the OIC still could not be appointed. Be that as it may, Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 3/22/2024 6:14:53 PM 2 since the respondents' right has already been closed as per the order dated 22/01/2024, the matter is being heard finally.
2] This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-
"(1) Appropriate Writ, Direction or Order in the nature of mandamus or other, the impugned order dated 30.04.2019 to the extent it limits regularization of process servers only to 50% of the total vacant posts be quashed for being violative of 19.10.2005 policy as well as order dated 19.04.2018 passed by the Hon'ble High Court.
(2) Appropriate Writ, Direction or Order in the nature of mandamus or other, the impugned proceeding dated 2.05.2019 as well as order dated 16.08.2019 to the extent it denies the Petitioner's claim for regularization be quashed.
(3) Appropriate Writ, Direction or Order in the nature of mandamus or other, Respondents be directed to grant benefit of regularization on the vacant Group-D post/Process Server/Peon to the Petitioner in terms of the circular dated 19.10.2005 from the same date on which other identically placed process servers were granted the benefit of regularization is the State.
(4) Appropriate Writ, Direction or Order in the nature of mandamus or other, the Respondents be directed to forthwith calculate and release the arrears of pay and consequential benefits payable to the Petitioners as a result of regularization from the same date on which it was conferred to the other identically placed process servers.
(5) Appropriate Writ, Direction or order in the nature of mandamus or other, the Respondents be also directed to pay interest at the rate of 12.5% on the entire arrears of pay arbitrarily denied to the Petitioners, from the date it was due till its actual payment.
(6) Cost of the petition be awarded.
(7) Any other appropriate relief, which this Hon'ble Court may deem fit, be awarded to the petitioner."
3] Learned counsel for the petitioner at the outset has submitted that the controversy involved in the present case has already been set at rest by the Coordinate Bench of this Court vide order dated 16/08/2023 passed in W.P. No.26727/2019 which was filed by one Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 3/22/2024 6:14:53 PM 3 Rajkumar Verma whose name finds place at Sr.No.19 in the seniority list of Process Servers as on 01/01/2019, whereas, the petitioner's name finds place at Sr.No.22. Thus, it is submitted that the aforesaid order shall be applicable in the case of the petitioner as well.
4] Learned counsel for the State, on the other hand, has opposed the prayer, however, it is not denied that the order dated 16/08/2023 passed by the coordinate Bench in the case of Rajkumar Verma in W.P. No.26727/2019 has not been challenged by the State. 5] Heard. Having considered the rival submissions and on perusal of the record as also the aforesaid order passed by this Court in the case of Rajkumar Verma (supra), this Court finds that the case of the petitioner is identical to that of Rajkumar Verma and thus, the aforesaid order passed in WP No.26727/2019 shall be applied mutatis mudandis to the case of the petitioner also. 6] Accordingly, the respondents are directed to accord such benefits as has been granted by this Court in the case of Rajkumar Verma to the petitioner also w.e.f. 08/05/2019 as has been done to the other Process Servers, within a period of four months from the date of receipt of certified copy of this order.
Accordingly petition stands disposed of.
Sd/-
(SUBODH ABHYANKAR) JUDGE krjoshi Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 3/22/2024 6:14:53 PM