Madhya Pradesh High Court
The State Of Madhya Pradesh vs Devdhar on 25 January, 2024
Author: Vishal Mishra
Bench: Ravi Malimath, Vishal Mishra
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 25th OF JANUARY, 2024
WRIT APPEAL No. 116 of 2024
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY R/O VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. COMMISSIONER, URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT R/O 3RD
FLOOR PALIKA BHAWAN SHIVAJI NAGAR
BHOPAL (MADHYA PRADESH)
3. COLLECTOR, ANUPPUR DISTRICT ANUPPUR
(MADHYA PRADESH)
4. JOINT DIRECTOR, URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT SHAHDOL
(MADHYA PRADESH)
5. ADMINISTRATOR, MUNICIPAL COUNCIL
BANGWAN DISTRICT ANUPPUR (MADHYA
PRADESH)
6. CHIEF MUNICIPAL OFFICER, MUNICIPAL
COUNCIL BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
7. RAJENDRA PRASHAD KUSHWAHA S/O SHRI
DEVSHARAN KUSHWAHA, AGED ABOUT 52
YEARS, OCCUPATION: CHIEF MUNICIPAL
OFFICER MUNICIPAL COUNCIL BANGAWAN
DISTRICT ANUPPUR (MADHYA PRADESH)
.....APPELLANTS
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
2
(BY SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL)
AND
1. SHRAWAN KUMAR SAHU S/O SHRI
MOHANLAL SAHU, AGED ABOUT 46 YEARS,
OCCUPATION: DRIVER R/O NAGR PARISHAD
BANGAWAN, DISTRICT ANUPPUR (MADHYA
PRADESH)
2. DHERENDRA KACHER S/O SHRI SHIV PRASAD
KACHER, AGED ABOUT 26 YEARS,
OCCUPATION: DRIVER NAGAR PARISHAD
BANGWAN DISTRICT ANUPPUR (MADHYA
PRADESH)
3. DEEPAK SINGH S/O SHRI PREM SINGH, AGED
ABOUT 32 YEARS, OCCUPATION: ASSISTANT
REVENUE INSPECTOR NAGAR PARISHAD
BANGAWAN DISTRICT ANUPPUR (MADHYA
PRADESH)
4. RAVI SHANKAR TRIPATHI S/O SHRI BRIJ
KISHOR TRIPATHI, AGED ABOUT 35 YEARS,
OCCUPATION: ASSISTANT GRADE III NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
5. PRAKSH KUMAR SHUKLA S/O SHRI NAND
KUMAR SHUKLA, AGED ABOUT 29 YEARS,
OCCUPATION: WATCHMAN NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
6. NIDHI PANDEY D/O SHRI AWADH KISHOR
PANDEY, AGED ABOUT 40 YEARS,
OCCUPATION: ASSISTANT GRADE III NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
7. CHANDA CHAURASIYA D/O SHRI GOPAL
CHAURASIYA, AGED ABOUT 25 YEARS,
OCCUPATION: ASSISTANT GRADE III NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
8. ASHOK KUMAR NAHAK S/O SHRI OMKAR
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
3
NAHAR, AGED ABOUT 34 YEARS,
OCCUPATION: DRIVER NAGAR PARISHAD
BANGAWAN DISTRICT ANUPPUR (MADHYA
PRADESH)
9. HARSHANGIRI KHATRI D/O SHRI SANJEEV
KHATRI, AGED ABOUT 25 YEARS,
OCCUPATION: FIREMAN NAGAR PARISHAD
BANGAWAN DISTRICT ANUPPUR (MADHYA
PRADESH)
10. MITALI TRIPATHI D/O SHRI RAJENDRA
KUMAR, AGED ABOUT 23 YEARS,
OCCUPATION: ASSITANT GRADE III NAGAR
PARISHAD BANGAWANJ DISTRICT ANUPPUR
(MADHYA PRADESH)
11. PANKAJ MISHRA S/O SHRI SURYA PRATAP
MISHRA, AGED ABOUT 32 YEARS,
OCCUPATION: REVENUE SUB INSPECTOR
NAGAR PARISHAD BANGAWAN DISTRICT
ANUPPUR (MADHYA PRADESH)
12. ABHISHEKH GAUTAM S/O SHRI DEVENDRA
GAUTAM, AGED ABOUT 25 YEARS,
OCCUPATION: REVENUE SUB INSPECTOR
NAGAR PARISHAD BANGAWAN DISTRICT
ANUPPUR (MADHYA PRADESH)
13. VIJAY RATAN TIWARI S/O SHRI ATUN
TIWARI, AGED ABOUT 7 YEARS,
OCCUPATION: ASSISTANT REVENUE
INSPECTOR NAGAR PARISHAD BANGAWAN
DISTRICT ANUPPUR (MADHYA PRADESH)
14. ANUJ KUMAR SHARMA S/O SHRI SANTOSH
KUMAR SHARMA, AGED ABOUT 27 YEARS,
OCCUPATION: ELECTRICIAN NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
15. PURNIMA TRIPATHI D/O SHRI OM PRAKASH
TIRPATHI, AGED ABOUT 27 YEARS,
OCCUPATION: CASHIER NAGAR PARISHAD
BANGAWAN DISTRICT ANUPPUR (MADHYA
PRADESH)
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
4
16. LALAN KUMAR JAISWAL S/O SHRI RAM
PRASAD JAISWAL, AGED ABOUT 27 YEARS,
OCCUPATION: DRIVER NAGAR PARISHAD
BANGAWAN DISTRICT ANUPPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SAURABH SUNDER - ADVOCATE)
WRIT APPEAL No. 119 of 2024
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT, VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. COMMISSIONER URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT 3RD
FLOOR PALIKA BHAWAN SHIVAJI NAGAR
BHOPAL (MADHYA PRADESH)
3. COLLECTOR ANUPPUR DISTRICT ANUPPUR
(MADHYA PRADESH)
4. JOINT DIRECTOR URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT
SHAHDOL (MADHYA PRADESH)
5. ADMINISTRATOR MUNICIPAL COUNCIL
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
6. CHIEF MUNICIPAL OFFICER MUNICIPAL
COUNCIL DOLA DISTRICT ANUPPUR
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL)
AND
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
5
1. AYUSH MISHRA S/O SHRI KAMLESHWAR
PRASAD MISHRA, AGED ABOUT 23 YEARS,
OCCUPATION: ASSISTANT GRADE-III
R/ONAGAR PARISHAD DOLA, DISTRICT
ANUPPUR (MADHYA PRADESH)
2. BOLDI WILSON S/O SHRI MAIKEL TOPPO,
AGED ABOUT 31 YEARS, OCCUPATION:
ASSISTANT GRADE III R/ONAGAR PARISHAD
DOLA, DISTRICT ANUPPUR (MADHYA
PRADESH)
3. VAIBHAV RAI S/O SHRI PAWAN KUMAR RAI,
AGED ABOUT 33 YEARS, OCCUPATION:
ASSISTANT GRADE III NAGAR PARISHAD
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
4. JAI KISHAN SINGH S/O SHRI MANMOHAN
SINGH, AGED ABOUT 27 YEARS,
OCCUPATION: DRIVER NAGAR PARISHAD
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
5. DHEERAJ SHUKLA S/O SHRI KUNJ MANI
SHUKLA, AGED ABOUT 32 YEARS,
OCCUPATION: DRIVER NAGAR PARISHAD
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
6. ATUL TIWARI S/O SHRI RADHESHYAM
TIWARI OCCUPATION: GARDENER NAGAR
PARISHAD DOLA DISTRICT ANUPPUR
(MADHYA PRADESH)
7. SARMAN NAWIK S/O SHRI SHYAMLAL
NAWIK, AGED ABOUT 42 YEARS,
OCCUPATION: SECURITY GUARD NAGAR
PARISHAD DOLA DISTRICT ANUPPUR
(MADHYA PRADESH)
8. ABHISHEK KUMAR TIWARI S/O SHRI ASHOK
TIWARI, AGED ABOUT 27 YEARS,
OCCUPATION: DRIVER NAGAR PARISHAD
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
6
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
9. SHUBHAM SHUKLA S/O SHRI RAJNEESH
PRASAD SHUKLA, AGED ABOUT 31 YEARS,
OCCUPATION: REVENUE SUB INSPECTOR
NAGAR PARISHAD DOLA DISTRICT ANUPPUR
(MADHYA PRADESH)
10. VIPIN DWIVEDI S/O SHRI ROHANI DWIVEDI,
AGED ABOUT 23 YEARS, OCCUPATION:
DRIVER NAGAR PARISHAD DOLA DISTRICT
ANUPPUR (MADHYA PRADESH)
11. ROHIT SINGH PATEL S/O SHRI VINOD
PATEL, AGED ABOUT 28 YEARS,
OCCUPATION: SANITARY SUPERVISOR
NAGAR PARISHAD DOLA DISTRICT
ANUPPUR (MADHYA PRADESH)
12. ASHOK KUMAR YADAV S/O SHRI CHANDRA
MANI YADAV, AGED ABOUT 38 YEARS,
OCCUPATION: PEON R/ONAGAR PARISHAD
DOLA, DISTRICT ANUPPUR (MADHYA
PRADESH)
13. MUNEENDRA PRASAD MISHRA S/O SHRI
MAHESH PRASAD MISHRA, AGED ABOUT 60
YEARS, OCCUPATION: CHIEF MUNICIPAL
OFFICER (RETIRED) MUNICIPAL COUNCIL
DOLA, DISTRICT ANUPPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SAURABH SUNDER - ADVOCATE)
WRIT APPEAL No. 121 of 2024
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
7
DEPARTMENT VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. COMMISSIONER URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT 3RD
FLOOR PALIKA BHAWAN SHIVAJI NAGAR
BHOPAL (MADHYA PRADESH)
3. COLLECTOR ANUPPUR DISTRICT ANUPPUR
(MADHYA PRADESH)
4. JOINT DIRECTOR URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT
SHAHDOL (MADHYA PRADESH)
5. ADMINISTRATOR MUNICIPAL COUNCIL
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
6. CHIEF MUNICIPAL OFFICER MUNICIPAL
COUNCIL DOLA DISTRICT ANUPPUR
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL)
AND
1. DEVDHAR S/O SHRI BHAGWAN DAS, AGED
ABOUT 30 YEARS, OCCUPATION: ASSISTANT
GRADE III R/O NAGAR PARISHAD DOLA,
DISTRICT ANUPPUR (MADHYA PRADESH)
2. JITESH SHARMA S/O SHRI SITARAM SHARMA,
AGED ABOUT 41 YEARS, OCCUPATION: TIME
KEEPER NAGAR PARISHAD DOLA DISTRICT
ANUPPUR (MADHYA PRADESH)
3. ARVIND SHUKLA S/O SHRI PRADEEP SHUKLA,
AGED ABOUT 46 YEARS, OCCUPATION:
PLUMBER NAGAR PARISHAD DOLA DISTRICT
ANUPPUR (MADHYA PRADESH)
4. RAHUL SHARMA S/O SHRI CHANDRA
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
8
BHUSHAN SHARMA, AGED ABOUT 29 YEARS,
OCCUPATION: ASSISTANT REVENUE
INSPECTOR NAGAR PARISHAD DOLA
DISTRICT ANUPPUR (MADHYA PRADESH)
5. SHRIDEVI TRIPATHI D/O SHRI D.P. TRIPATHI,
AGED ABOUT 23 YEARS, OCCUPATION:
FIREMAN NAGAR PARISHAD DOLA DISTRICT
ANUPPUR (MADHYA PRADESH)
6. SHASHIBALA W/O SHRI DHARMENDRA
GUPTA, AGED ABOUT 36 YEARS,
OCCUPATION: FIREMAN NAGAR PARISHAD
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
7. ANUSHREE GUPTA D/O SHRI PRABHAT
GUPTA, AGED ABOUT 23 YEARS,
OCCUPATION: ASSISTANT GRADE III NAGAR
PARISHAD DOLA DISTRICT ANUPPUR
(MADHYA PRADESH)
8. MUKESH MISHRA S/O SHRI SURENDRA
KUMAR, AGED ABOUT 27 YEARS,
OCCUPATION: FIREMAN NAGAR PARISHAD
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
9. AMIT MISHRA S/O SHRI M. K. MISHRA, AGED
ABOUT 26 YEARS, OCCUPATION:
ELECTRICIAN NAGAR PARISHAD DOLA
DISTRICT ANUPPUR (MADHYA PRADESH)
10. VIKRAM NAHAR S/O SHRI MAHESH NAHAR,
AGED ABOUT 33 YEARS, OCCUPATION:
SANITARY WORKER NAGAR PARISHAD
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
11. SOJRAM KOL S/O SHRI MATHURA PRASAD
KOL, AGED ABOUT 38 YEARS, OCCUPATION:
WATCHMAN NAGAR PARISHAD DOLA
DISTRICT ANUPPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
9
12. PRAKASH TIWARI S/O SHRI S.S. TIWARI,
AGED ABOUT 30 YEARS, OCCUPATION:
ASSISTANT REVENUE INSPECTOR NAGAR
PARISHAD DOLA DISTRICT ANUPPUR
(MADHYA PRADESH)
13. MUNEENDRA PRASAD MISHRA S/O SHRI
MAHESH PRASAD MISHRA, AGED ABOUT 60
YEARS, OCCUPATION: CHIEF MUNICIPAL
OFFICER (RETIRED) MUNICIPAL COUNCIL
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SAURABH SUNDER - ADVOCATE)
WRIT APPEAL No. 124 of 2024
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. COMMISSIONER URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT, 3ED
FLOOR PALIKA BHAWAN SHIVAJI NAGAR
BHOPAL BHOPAL (MADHYA PRADESH)
3. COLLECTOR, ANUPPUR, DISTRICT ANUPPUR
(MADHYA PRADESH)
4. JOINT DIRECTOR ADMINISTRATION AND
DEVELOPMENT DEPARTMENT ANUPPUR,
ANUPPUR (MADHYA PRADESH)
5. PRESIDENT, MUNICIPAL COUNCIL CUMAR
KACHHAR, DISTRICT ANUPUR (MADHYA
PRADESH)
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
10
6. CHIEF MUNICIPAL OFFICER, MUNICIPAL
COUNCIL DUMAR KACHHAR, DISTRICT
ANUPPUR (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL)
AND
1. RAVI KISHORE GAUTAM S/O RAM NARAYAN
GAUTAM, AGED ABOUT 39 YEARS,
OCCUPATION: DRIVER NAGAR PARISHAD
DUMAR KACHHAR DISTRICT ANUPPUR
(MADHYA PRADESH)
2. CHANDRADHAR DWIVEDI S/O NARAYAN
PRASAD DWIVEDI, AGED ABOUT 28 YEARS,
OCCUPATION: DRIVER NAR PARISHAD
DUMAR KACHHAR DISTRICT ANUPPUR
(MADHYA PRADESH)
3. PRIYANKA TIWARI D/O UTTAM TIWARI,
AGED ABOUT 30 YEARS, OCCUPATION:
CASHIER NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
4. PUSHPA KEWAT W/O NARAYAN KEWAT,
AGED ABOUT 26 YEARS, OCCUPATION:
FIREMAN NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
5. JAI KUMAR KALSA S/O RAJESH KALSA,
AGED ABOUT 26 YEARS, OCCUPATION:
ASSISTANT GRADE III NAGAR PARISHAD
DUMAR KACHHAR ANUPPUR DISTRICT
ANUPPUR (MADHYA PRADESH)
6. SHALINI GAUTAM D/O R.K. GAUTAM, AGED
ABOUT 23 YEARS, OCCUPATION: ASSISTANT
GRADE III NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
11
7. HARSH GAUTAM S/O RAJESH GAUAM, AGED
ABOUT 28 YEARS, OCCUPATION: ASSISTANT
GRADE III NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
8. AJAY KUMAR RAM S/O BAIJNATH RAM,
AGED ABOUT 40 YEARS, OCCUPATION:
FIREMAN NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
9. SAURABH SINGH S/O RAMHIT SINGH, AGED
ABOUT 30 YEARS, OCCUPATION: DRIVER
NAGAR PARISHAD DUMAR KACHHAR
DISTRICT ANUPPUR (MADHYA PRADESH)
10. PUSHPENDRA SINGH S/O ANAND KUMAR,
AGED ABOUT 28 YEARS, OCCUPATION:
DRIVER NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
11. AKANSHA KUSHWAHA D/O RAM BAHORE
KUSHWAHA, AGED ABOUT 29 YEARS,
OCCUPATION: FIREMAN NAGAR PARISHAD
DUMAR KACHHAR DISTRICT ANUPPUR
(MADHYA PRADESH)
12. DEVILAL RAWAT S/O LALMANI RAWAT,
AGED ABOUT 25 YEARS, OCCUPATION:
ASSISTANT GRADE III NAGAR PARISHAD
DUMAR KACHHAR DISTRICT ANUPPUR
(MADHYA PRADESH)
13. RAKESH KUMAR SHUKLA S/O L.P. SHUKLA
OCCUPATION: CHIEF MUNICIPAL OFFICER
(RETIRED) MUNICIPAL COUNCIL DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SAURABH SUNDER - ADVOCATE)
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
12
WRIT APPEAL No. 125 of 2024
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. COMMISSIONER URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT 3RD
FLOOR PALIKA BHAWAN SHIVAJI NAGAR
BHOPAL (MADHYA PRADESH)
3. COLLECTOR ANUPPUR DISTRICT ANUPPUR
(MADHYA PRADESH)
4. JOINT DIRECTOR URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT DISTRICT
ANUPPUR (MADHYA PRADESH)
5. PRESIDENT MUNICIPAL COUNCIL DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
6. CHIEF MUNICIPAL OFFICER MUNICIPAL
COUNCIL DUMAR KACHHAR DISTRICT
ANUPPUR (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL)
AND
1. SHAILENDRA SINGH RATHORE S/O RAM
MANOHAR, AGED ABOUT 31 YEARS,
OCCUPATION: ASSISTANT REVENUE
INSPECTION NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
2. AKANKSHA MISHRA W/O VIJAY RATAN
MISHRA, AGED ABOUT 30 YEARS,
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
13
OCCUPATION: ASSISTANT GRADE III NAGAR
PARISHAD DUMAR KACHHAR DISTRICT
ANUPPUR (MADHYA PRADESH)
3. JAGRATI SINGH D/O JITENDRA SINGH, AGED
ABOUT 29 YEARS, OCCUPATION: FIREMAN
NAGAR PARISHAD DUMAR KACHHAR
DISTRICT ANUPPUR (MADHYA PRADESH)
4. DEEPAK SINHA S/O RAJENDRA SINHA, AGED
ABOUT 36 YEARS, OCCUPATION: DRIVER
NAGAR PARISHAD DUMAR KACHHAR
DISTRICT ANUPPUR (MADHYA PRADESH)
5. HARISH CHANDRA SHUKLA S/O MUKESH
SHUKLA, AGED ABOUT 33 YEARS,
OCCUPATION: ASSISTANT REVENUE
INSPECTOR NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
6. VIRENDRA KUMAR RAJAK S/O RAJU RAJAK,
AGED ABOUT 37 YEARS, OCCUPATION: SUB
INSPECTOR NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
7. ARVIND THAKUR S/O ANKUR THAKUR, AGED
ABOUT 30 YEARS, OCCUPATION: SERVANT
NAGAR PARISHAD DUMAR KACHHAR
DISTRICT ANUPPUR (MADHYA PRADESH)
8. MAHESH KUMAR YADAV S/O RAJU YADAV,
AGED ABOUT 28 YEARS, OCCUPATION:
WATCHMAN NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
9. ROHIT TRIPATHI S/O SHIV TRIPATHI, AGED
ABOUT 32 YEARS, OCCUPATION: DRIVER
NAGAR PARISHAD DUMAR KACHHAR
DISTRICT ANUPPUR (MADHYA PRADESH)
10. SATYANARAYAN SONI S/O GHANSHYAM
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
14
LAL SONI, AGED ABOUT 34 YEARS,
OCCUPATION: FIREMAN NAGAR PARISHAD
DUMAR KACHHAR DISTRICT ANUPPUR
(MADHYA PRADESH)
11. VIVEK GAUTAM S/O DEVENDRA GAUTAM,
AGED ABOUT 27 YEARS, OCCUPATION:
ASSISTANT GRADE III NAGAR PARISHAD
DUMAR KACHHAR DISTRICT ANUPPUR
(MADHYA PRADESH)
12. KAMTARAM SARVARI S/O RAMKRIPAL
SARWARI, AGED ABOUT 28 YEARS,
OCCUPATION: SANITARY WORKER NAGAR
PARISHAD DUMAR KACHHAR DISTRICT
ANUPPUR (MADHYA PRADESH)
13. ABHISHEK PANDEY S/O ANIL PANDEY, AGED
ABOUT 35 YEARS, OCCUPATION: FIREMAN
NAGAR PARISHAD DUMAR KACHHAR
DISTRICT ANUPPUR (MADHYA PRADESH)
14. GEETA SINGH D/O RAMJANAM SINGH, AGED
ABOUT 30 YEARS, OCCUPATION: GARDENER
NAGAR PARISHAD DUMAR KACHHAR
DISTRICT ANUPPUR (MADHYA PRADESH)
15. RAKESH KUMAR SHUKLA S/O L. P. SHUKLA
OCCUPATION: CHIEF MUNICIPAL OFFICER
(RETIRED) MUNICIPAL COUNCIL DUMAR
KACHHAR, DISTRICT ANUPPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SAURABH SUNDER - ADVOCATE)
WRIT APPEAL No. 117 of 2024
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
15
2. COMMISSIONER URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT 3RD
FLOOR PALIKA BHAWAN SHIVAJI NAGAR
BHOPAL (MADHYA PRADESH)
3. COLLECTOR ANUPPUR DISTRICT ANUPPUR
(MADHYA PRADESH)
4. JOINT DIRECTOR URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT
SHAHDOL (MADHYA PRADESH)
5. ADMINISTRATOR MUNICIPAL COUNCIL
BANGAWAN ANUPPUR (MADHYA PRADESH)
6. CHIEF MUNICIPAL OFFICER MUNICIPAL
COUNCIL BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
7. RAJENDRA PRASAD KUSHWAHA S/O SHRI
DEVSHARAN KUSHWAHA, AGED ABOUT 52
YEARS, OCCUPATION: CHIEF MUNICIPAL
OFFICER MUNICIPAL COUNCIL BANGAWAN
DISTRICT ANUPPUR (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL)
AND
1. SAGAR KHATRI S/O SHRI PYARELAL, AGED
ABOUT 28 YEARS, OCCUPATION: FIREMAN
NAGAR PARISHAD BANGAWAN, DISTRICT
ANUPPUR (MADHYA PRADESH)
2. SHAILESH KUMAR VERMA S/O SHRI RAM
PARAT VERMA, AGED ABOUT 23 YEARS,
OCCUPATION: ASSISTANT GRADE III R/O
NAGAR PARISHAD BANGAWAN DISTRICT
ANUPPUR (MADHYA PRADESH)
3. AKASH KUMAR GUPTA S/O SHRI
VISHWANATH GUPTA, AGED ABOUT 23
YEARS, OCCUPATION: DRIVER R/O NAGAR
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
16
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
4. ADITYA SHRIVASTAVA S/O SHRI GIRJESH
SHRIVASTAVA, AGED ABOUT 25 YEARS,
OCCUPATION: ASSISTANT GRADE III R/O
NAGAR PARISHAD BANGAWAN DISTRICT
ANUPPUR (MADHYA PRADESH)
5. PRIYA KHARE D/O SHRI U. KISHORE KHARE,
AGED ABOUT 31 YEARS, OCCUPATION:
ASSISTANT GRADE III R/O NAGAR PARISHAD
BANGAWAN DISTRICT ANUPPUR (MADHYA
PRADESH)
6. SHIKHA GAUTAM D/O SHRI SURESH PRATAP
GAUTAM, AGED ABOUT 29 YEARS,
OCCUPATION: ASSISTANT GRADE III R/O
NAGAR PARISHAD BANGAWAN DISTRICT
ANUPPUR (MADHYA PRADESH)
7. DEEPAK SINGH S/O SHRI VISHWANATH
SINGH, AGED ABOUT 34 YEARS,
OCCUPATION: WATCHMAN R/O NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
8. ADARSH SHUKLA S/O SHRI ARUN KUMAR
SHUKLA, AGED ABOUT 27 YEARS,
OCCUPATION: FIREMAN R/O NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
9. ABHILASH TIWARI S/O SHRI SANJAY TIWARI,
AGED ABOUT 27 YEARS, OCCUPATION:
DRIVER R/O NAGAR PARISHAD BANGAWAN
DISTRICT ANUPPUR (MADHYA PRADESH)
10. PRAVIN KHARE S/O SHRI RAVI PRAKASH
KHARE, AGED ABOUT 28 YEARS,
OCCUPATION: ASSISTANT REVENUE
INSPECTOR R/O NAGAR PARISHAD
BANGAWAN DISTRICT ANUPPUR (MADHYA
PRADESH)
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
17
11. ANUJ PANDEY S/O SHRI SUNIL PANDEY,
AGED ABOUT 22 YEARS, OCCUPATION:
ASSISTANT REVENUE INSPECTOR R/O
NAGAR PARISHAD BANGAWAN DISTRICT
ANUPPUR (MADHYA PRADESH)
12. SONAM SINGH D/O SHRI UDAY SINGH, AGED
ABOUT 32 YEARS, OCCUPATION: MALI R/O
NAGAR PARISHAD BANGAWAN DISTRICT
ANUPPUR (MADHYA PRADESH)
13. JEEVAN PRASAD YADAV S/O SHRI KUBER
YADAV, AGED ABOUT 27 YEARS,
OCCUPATION: FIREMAN R/O NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
14. VIKAS RATAN PANIKA S/O SHRI
RAMNARAYAN, AGED ABOUT 23 YEARS,
OCCUPATION: PUMP OPERATOR R/O NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
15. MALTI KALSA W/O SHRI MUKESH KALSA,
AGED ABOUT 33 YEARS, OCCUPATION:
SWEEPER R/O NAGAR PARISHAD
BANGAWAN DISTRICT ANUPPUR (MADHYA
PRADESH)
16. RAJ KALSA S/O SHRI RAJESH KALSA, AGED
ABOUT 26 YEARS, OCCUPATION: FIREMAN R/O
NAGAR PARISHAD BANGAWAN DISTRICT
ANUPPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SAURABH SUNDER - ADVOCATE )
WRIT APPEAL No. 118 of 2024
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
18
DEPARTMENT VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. COMMISSIONER URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT 3RD
FLOOR, PALIKA BHAWAN, SHIVAJI NAGAR,
BHOPAL (MADHYA PRADESH)
3. COLLECTOR, ANUPPUR DISTRICT ANUPPUR
(MADHYA PRADESH)
4. JOINT DIRECTOR, URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT ANUPPUR
(MADHYA PRADESH)
5. PRESIDENT, MUNICIPAL COUNCIL DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
6. CHIEF MUNICIPAL OFFICER, MUNICIPAL
COUNCIL DUMAR KACHHAR DISTRICT
ANUPPUR (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL)
AND
1. BALENDRA PRATAP SINGH S/O TULSI
PRATAP SINGH, AGED ABOUT 42 YEARS,
OCCUPATION: SECURITY GUARD NAGAR
PARISHAD DUMAR KACHHAR DISTRICT
ANUPPUR (MADHYA PRADESH)
2. VINOD YADAV S/O ASARFI YADAV, AGED
ABOUT 40 YEARS, OCCUPATION:
WATCHMAN, NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
3. RAHUL KUMAR NAHAR S/O HARI NAHAR,
AGED ABOUT 31 YEARS, OCCUPATION:
SANITARY WORKER NAGAR PARISHAD
DUMAR KACHHAR DISTRICT ANUPPUR
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
19
(MADHYA PRADESH)
4. MAHESH KUMAR HARIJAN S/O PAPPU
HARIJAN, AGED ABOUT 32 YEARS,
OCCUPATION: SANITARY WORKER NAGAR
PARISHAD DUMAR KACHHAR DISTRICT
ANUPPUR (MADHYA PRADESH)
5. JAIDEEP PANDEY S/O JAGDESH PANDEY,
AGED ABOUT 28 YEARS, OCCUPATION:
ASSISTANT GRADE III NAGAR PARISHAD
DUMAR KACHHAR DISTRICT ANUPPUR
(MADHYA PRADESH)
6. SHRAVAN SHUKLA S/O RAMANUJ SHUKLA,
AGED ABOUT 45 YEARS, OCCUPATION:
PLUMBER NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
7. DHEERENDRA SINGH S/O ARVIND SINGH,
AGED ABOUT 34 YEARS, OCCUPATION:
TIMEKEEPER NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
8. LAXMI SHUKLA D/O R.P. SHUKLA, AGED
ABOUT 26 YEARS, OCCUPATION: ASSISTANT
GRADE III NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
9. DEEPAK SHARMA S/O KRISHNANAND
SHARMA, AGED ABOUT 29 YEARS,
OCCUPATION: SANITARY SUPERVISOR
NAGAR PARISHAD DUMAR KACHHAR
DISTRICT ANUPPUR (MADHYA PRADESH)
10. AJEET KUMAR SHUKLA S/O SHRI ARUN
KUMAR SHUKLA, AGED ABOUT 26 YEARS,
OCCUPATION: FIREMAN NAGAR PARISHAD
DUMAR KACHHAR DISTRICT ANUPPUR
(MADHYA PRADESH)
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
20
11. PANKAJ NAHAR S/O CHANNULAL NAHAR,
AGED ABOUT 26 YEARS, OCCUPATION:
SANITARY WORKER NAGAR PARISHAD
DUMAR KACHHAR DISTRICT ANUPPUR
(MADHYA PRADESH)
12. RITESH KUMAR S/O RAMAVTAR, AGED
ABOUT 28 YEARS, OCCUPATION: SANITARY
WORKER NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
13. RAKESH KUMAR SHUKLA S/O L.P. SHUKLA
OCCUPATION: CHIEF MUNICIPAL OFFICER
(RETIRED) MUNICIPAL COUNCIL DUMAR
KACHHAR, DISTRICT ANUPPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SAURABH SUNDER - ADVOCATE )
WRIT APPEAL No. 120 of 2024
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. COMMISSIONER URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT, BHOPAL
3RD FLOOR PALIKA BHAWAN SHIVAJI
NAGAR BHOPAL (MADHYA PRADESH)
3. COLLECTOR ANUPPUR, ANUPPUR DISTRICT
ANUPPUR (MADHYA PRADESH)
4. JOINT DIRECTOR URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT
SHAHDOL (MADHYA PRADESH)
5. ADMINISTRATOR MUNICIPAL COUNCIL
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
21
BANGAWAN DISTRICT ANUPPUR ANUPPUR
(MADHYA PRADESH)
6. CHIEF MUNICIPAL OFFICER, MUNICIPAL
COUNCIL BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
7. RAJENDRA PRASAD KUSHWAHA S/O SHRI
DEVSHARAN KUSHWAHA, AGED ABOUT 52
YEARS, OCCUPATION: CHIEF MUNICIPAL
OFFICER MUNICIPAL COUNCIL BANGAWAN
DISTRICT ANUPPUR (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL)
AND
1. PRADEEP KUMAR SHUKLA S/O SHRI
LALMANI SHUKLA, AGED ABOUT 42 YEARS,
OCCUPATION: FIREMAN NAGAR PARISHAD
BANGAWAN DISTRICT ANUPPUR (MADHYA
PRADESH)
2. PRATIBHA SHARMA D/O SHRI SITARAM
SHARAM, AGED ABOUT 34 YEARS,
OCCUPATION: FIREMAN NAGAR PARISHAD
BANGAWAN DISTRICT ANUPPUR (MADHYA
PRADESH)
3. SAURABH SHUKLA S/O MAHENDRA SHANKAR
SHUKLA, AGED ABOUT 27 YEARS,
OCCUPATION: ASSISTANT GRADE III NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
4. PRADEEP TIWARI S/O SHRI SHESH NARAYAN
TIWARI, AGED ABOUT 38 YEARS,
OCCUPATION: ASSISTANT GRADE III NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
5. SATENDRA MANI SHARMA S/O SHRI
SURENDRA MANI SHARMA, AGED ABOUT 25
YEARS, OCCUPATION: FIREMAN NAGAR
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
22
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
6. ANIL KUMAR GAUTAM S/O SHRI AWADHESH
GAUTAM, AGED ABOUT 41 YEARS,
OCCUPATION: CHOWKIDAR NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
7. SAURABH SHUKLA S/O SHRI R.N. SHUKLA,
AGED ABOUT 23 YEARS, OCCUPATION:
ASSISTANT REVENUE INSPECTOR, NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
8. SAURABH PATHAK S/O SHRI AJAYPATHAK,
AGED ABOUT 23 YEARS, OCCUPATION:
ASSISTANT GRADE LII NAGAR PARISHAD
BANGAWAN DISTRICT ANUPPUR ANUPPUR
(MADHYA PRADESH)
9. RAHUL KUMAR CHOUBEY S/O SHRI
PRIYANJAN CHOUBEY, AGED ABOUT 24
YEARS, OCCUPATION: DRIVER NAGAR
PARISHAD BANGAWAN DISTRICT ANUPPUR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SAURABH SUNDER - ADVOCATE)
WRIT APPEAL No. 126 of 2024
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT, VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. COMMISSIONER URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT 3RD
FLOOR, PALIKA BHAWAN, SHIVAJI NAGAR,
BHOPAL (MADHYA PRADESH)
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
23
3. COLLECTOR ANUPPUR DISTRICT ANUPPUR
(MADHYA PRADESH)
4. JOINT DIRECTOR, URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT ANUPPUR
(MADHYA PRADESH)
5. PRESIDENT, MUNICIPAL COUNCIL DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
6. CHIEF MUNICIPAL OFFICER, MUNICIPAL
COUNCIL DUMAR KACHHAR DISTRICT
ANUPPUR (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL)
AND
1. RAMANUJ TRIPATHI S/O DHANPATI
TRIPATHI, AGED ABOUT 30 YEARS,
OCCUPATION: ASSISTANT GRAD-III R/O
NAGAR PARISHAD DUMARKACHHAR
DISTRICT ANUJPPUR (MADHYA PRADESH)
2. HARISH SINGH S/O RAMPRATAP SINGH,
AGED ABOUT 37 YEARS, OCCUPATION:
ELECTRICIAN NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
3. INDU CHAURASIYA W/O VIKRAMADITYA
CHAURASIYA, AGED ABOUT 35 YEARS,
OCCUPATION: ASSISTANT GRADE III NAGAR
PARISHAD DUMAR KACHHAR DISTRICT
ANUPPUR (MADHYA PRADESH)
4. ADITYA TRIPATHI S/O SHIV KUMAR, AGED
ABOUT 28 YEARS, OCCUPATION: DRIVER
NAGAR PARISHAD DUMAR KACHHAR
DISTRICT ANUPPUR (MADHYA PRADESH)
5. KARAN KOL S/O BHOJRAM KOL, AGED
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
24
ABOUT 24 YEARS, OCCUPATION: FIREMAN
NAGAR PARISHAD DUMAR KACHHAR
DISTRICT ANUPPUR (MADHYA PRADESH)
6. SURAJ LEHRE S/O SANTRAM LEHRE, AGED
ABOUT 30 YEARS, OCCUPATION: DRIVER
NAGAR PARISHAD DUMAR KACHHAR
DISTRICT ANUPPUR (MADHYA PRADESH)
7. DEEPAK SHAH S/O RAJENDRA PRASAD SHAH,
AGED ABOUT 32 YEARS, OCCUPATION: PUMP
OPERATOR NAGAR PARISHAD DUMAR
KACHHAR DISTRICT ANUPPUR (MADHYA
PRADESH)
8. CHANDRASHEKHAR JAISWAL S/O
RAMPRASAD JAISWAL, AGED ABOUT 30
YEARS, OCCUPATION: FIREMAN NAGAR
PARISHAD DUMAR KACHHAR DISTRICT
ANUPPUR (MADHYA PRADESH)
9. SANTOSH KEWAT S/O HARISHCHANDRA
KEWAT, AGED ABOUT 37 YEARS,
OCCUPATION: DRIVER NAGAR PARISHAD
DUMAR KACHHAR DISTRICT ANUPPUR
(MADHYA PRADESH)
10. PREETI SARWARI D/O RAJENDRA KUMAR,
AGED ABOUT 32 YEARS, OCCUPATION:
SANITARY WORKER NAGAR PARISHAD
DUMAR KACHHAR DISTRICT ANUPPUR
(MADHYA PRADESH)
11. RAKESH KUMAR SHUKLA S/O L.P. SHUKLA
OCCUPATION: MUNICIPAL OFFICER
(RETIRED) MUNICIPAL COUNCIL DUMAR
KACHHAR, DISTRICT ANUPPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SAURABH SUNDER - ADVOCATE)
WRIT APPEAL No. 122 of 2024
BETWEEN:-
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
25
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETAY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT, VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. COMMISSIONER URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT 3RD
FLOOR, PALIKA BHAWAN, SHIVAJI NAGAR,
BHOPAL (MADHYA PRADESH)
3. COLLECTOR, ANUPPUR DISTRICT ANUPPUR
(MADHYA PRADESH)
4. JOINT DIRECTOR, URBAN ADMINISTRATION
AND DEVELOPMENT DEPARTMENT
SHAHDOL (MADHYA PRADESH)
5. ADMINISTRATOR MUNICIPAL COUNCIL
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
6. CHIEF MUNICIPAL OFFICER MUNICIPAL
COUNCIL DOLA DISTRICT ANUPPUR
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL)
AND
1. ANKITA NAMDEV D/O SHRI RAJ NAMDEV,
AGED ABOUT 28 YEARS, OCCUPATION:
FIREMAN R/O NAGAR PARISHAD DOLA,
DISTRICT ANUPPUR (MADHYA PRADESH)
2. ARCHANA SHUKLA D/O SHRI S.P. SHUKLA,
AGED ABOUT 29 YEARS, OCCUPATION:
ASSISTANT GRADE III NAGAR PARISHAD
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
3. NIDHI SHUKLA W/O SHRI D.K. SHUKLA, AGED
ABOUT 30 YEARS, OCCUPATION: ASSISTANT
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
26
GRADE III NAGAR PARISHAD DOLA DISTRICT
ANUPPUR (MADHYA PRADESH)
4. RAJESH SHUKLA S/O SHRI RAJMANI SHUKLA,
AGED ABOUT 48 YEARS, OCCUPATION:
DRIVER NAGAR PARISHAD DOLA DISTRICT
ANUPPUR (MADHYA PRADESH)
5. RAJKUMAR MISHRA S/O SHRI RAMDAS
MISHRA, AGED ABOUT 43 YEARS,
OCCUPATION: GARDENER NAGAR PARISHAD
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
6. AKHIL KUMAR SHUKLA S/O SHRI NEERAJ
SHUKLA, AGED ABOUT 29 YEARS,
OCCUPATION: ASSISTANT GRADE III NAGAR
PARISHAD DOLA DISTRICT ANUPPUR
(MADHYA PRADESH)
7. NEELESH KUMAR TIWARI S/O SHRI
RAMNIHORE TIWARI, AGED ABOUT 39
YEARS, OCCUPATION: CASHIER NAGAR
PARISHAD DOLA DISTRICT ANUPPUR
(MADHYA PRADESH)
8. RUBY SHUKLA D/O BRIJ MOHAN SHUKLA,
AGED ABOUT 27 YEARS, OCCUPATION:
ASSISTANT REVENUE INSPECTOR NAGAR
PARISHAD DOLA DISTRICT ANUPPUR
(MADHYA PRADESH)
9. SUMIT GAUTAM S/O SHRI RAM KISHORE
GAUTAM, AGED ABOUT 37 YEARS,
OCCUPATION: ASSISTANT REVENUE
INSPECTOR NAGAR PARISHAD DOLA
DISTRICT ANUPPUR (MADHYA PRADESH)
10. SURENDRA KUMAR RAJAK S/O SHRI RAJU
RAJAK, AGED ABOUT 33 YEARS,
OCCUPATION: DRIVER NAGAR PARISHAD
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
27
11. SHUSHIL GAUTAM S/O SHRI DEVRAJ
GAUTAM, AGED ABOUT 32 YEARS,
OCCUPATION: SECURITY GUARD NAGAR
PARISHAD DOLA DISTRICT ANUPPUR
(MADHYA PRADESH)
12. MANOJ KUMAR YADAV S/O SHRI
ASHARFILAL YADAV, AGED ABOUT 23
YEARS, OCCUPATION: DRIVER NAGAR
PARISHAD DOLA DISTRICT ANUPPUR
(MADHYA PRADESH)
13. MUNEENDRA PRASAD MISHRA S/O SHRI
MAHESH PRASAD MISHRA, AGED ABOUT 60
YEARS, OCCUPATION: CHIEF MUNICIPAL
OFFICER (RETD.) MUNICIPAL COUNCIL
DOLA, DISTRICT ANUPPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SAURABH SUNDER - ADVOCATE)
WRIT APPEAL No. 123 of 2024
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE COMMISSIONER URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT BHOPAL (MADHYA PRADESH)
3. THE DEPUTY SECRETARY URBAN
ADMINISTRATION AND DEVELOPMENT
DEPARTMENT BHOPAL (MADHYA PRADESH)
4. COLLECTOR ANUPPUR DISTRICT ANUPPUR
(MADHYA PRADESH)
5. JOINT DIRECTOR URBAN ADMINISTRATION
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM
28
AND DEVELOPMENT DEPARTMENT
SHAHDOL (MADHYA PRADESH)
6. THE ADMINISTRATOR NAGAR PARISHAD
DOLA DISTRICT ANUPPUR (MADHYA
PRADESH)
7. THE CHIEF MUNICIPAL OFFICER R/ONAGAR
PARISHAD DOLA, DISTRICT ANUPPUR
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL)
AND
NAMITA AGRAWAL W/O LATE SHRI PRAFUL
AGRAWAL, AGED ABOUT 40 YEARS, OCCUPATION:
FIREMAN NAGAR PARISHAD DOLA DISTRICT
ANUPPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SAURABH SUNDER - ADVOCATE)
-----------------------------------------------------------------------------------------
These appeals coming on for admission this day, Hon'ble Shri
Justice Vishal Mishra passed the following:
ORDER
Since all these appeals are filed within time as per report of the office, all the applications being I.A.Nos.564 of 2024, 575 of 2024, 595 of 2024, 591 of 2024, 593 of 2024, 565 of 2024, 568 of 2024, 578 of 2024, 600 of 2024, 582 of 2024 & 586 of 2024 for condondation of delay in filing the writ appeals stand dismissed being infructuous.
2. Aggrieved by the common order dated 11.10.2023 passed by the learned Single Judge in disposing off bunch of writ petitions being W.P.Nos.27601 of 2022, 24664 of 2022, 27345 of 2022, 27347 of 2022, 27348 of 2022, 27351 of 2022, 27592 of 2022, 28464 of 2022, 28466 of 2022, 28468 of 2022 & 29263 of 2022, the respondents therein are in appeal. Since identical issue is involved in all these appeals, they are Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 2/6/2024 6:55:10 PM 29 being heard together and are being disposed off by this common order. For the sake of convenience, the facts and grounds as stated in W.A.No.116 of 2024 are taken into consideration. In terms whereof, the facts as narrated in W.P. No.27601 of 2022 were considered by the learned Single Judge since the facts were identical and similar in the other writ petitions also.
3. It was the case of the writ petitioners that they are employees of Gram Panchayat Bangawan and vide a notification issued by the State Government dated 26.09.2016, a decision was taken to classify various Gram Panchayats as Municipal Councils. The said decision was later on cancelled and the Gram Panchayats were de-notified by another gazette notification dated 07.03.2020. Thereafter, within a short span of four months, the gazette notification dated 07.03.2020 was cancelled and the Gram Panchayats were again notified as Municipal Councils in terms of the notification dated 26.09.2016. Thereafter, various districts of the State of Madhya Pradesh were directed to initiate the process of absorption of the employees who were earlier engaged with the erstwhile Panchayats. A committee was constituted to consider their cases vide resolution dated 06.02.2021 and recommendations were made to absorb the employees in the Municipal Councils against different posts along with the scales mentioned therein. Accordingly, they were issued the appointment orders. Since then the writ petitioners are performing their duties against the absorbed posts.
4. As the writ petitioners were not being paid salary, therefore, they preferred a writ petition being W.P.No.9237 of 2022 which was disposed off vide order dated 23.04.2022 directing the respondents therein to settle the grievances of the writ petitioners. Thereafter, the representations of the writ petitioners have been rejected vide impugned order dated 02.06.2022, against which; the instant writ petition was filed. Learned Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 2/6/2024 6:55:10 PM 30 writ court considering all the aspects of the matter has disposed off the writ petition with a direction to the authorities to make payment of salary to the writ petitioners for the period from January, 2022 till issuance of the order dated 15.07.2022 (termination order) holding the writ petitioners to be entitled for the salary for the aforesaid period. The same has been assailed by filing the present writ appeal.
5. The ground taken in the appeal is that the respondents have never admitted the fact that the writ petitioners have performed their duties between January, 2022 till 15.07.2022. On the contrary, the petitioners have not worked during the aforesaid period. Therefore, the directions could not have been given to make payment for the aforesaid period. Counsel for the State fairly submits that he is not challenging the entire order passed by the learned writ court, rather he is only against the observation made in the impugned order passed by the learned writ court with respect to the fact that the petitioners are entitled to the salary for the period commencing from January, 2022 till 15.07.2022. It is only argued that they are ready to comply with the order passed by the learned writ court, however, the petitioners are entitled to get the salary for the intervening period only in the event if they have worked during the aforesaid period. Therefore, they have prayed for a liberty from this court that they may be directed to examine as to whether the petitioners have actually worked for the period with effect from January, 2022 till 15.07.2022 i.e. termination order and in case they have performed their duties during the aforesaid period, they will be entitled for payment of salary.
6. Per contra, counsel appearing for the writ petitioners has submitted that all the aspects have already been considered by the learned writ court in proper perspective. It was not the stand of the respondents that the petitioners have not performed their duty during the intervening period, Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 2/6/2024 6:55:10 PM 31 therefore, now no question arises for them to verify this aspect. It is pointed out that the termination order dated 15.07.2022 was put to challenge by filing a writ petition before this court, which was allowed and the matter was remanded back to the authorities for reconsideration.
7. Counsel for the State has pointed out that the termination order has been set aside on the ground that no opportunity was granted to the petitioners prior to their termination. There is no direction with regard to payment of salary in that order. It is further submitted that the initial appointment order of the petitioners was per se illegal and when the matter was taken up in the enquiry, it was held that the appointment of the petitioners was itself illegal. Therefore, no question for payment of salary arises to them. However, he fairly submits that he may be permitted to enquire into the matter as to whether the petitioners have worked during the intervening period enabling them to claim salary for the aforesaid period.
8. Heard learned counsels for the parties and perused the record.
9. Records indicate that challenge to the appointment order/ termination of the petitioners was in question in the writ petition, which was allowed on the ground that no opportunity of hearing was granted to the petitioners. However, there is no order of reinstatement. The only question which has cropped up for consideration before this court is as to whether from January, 2022 till 15.07.2022 the petitioners are entitled for the salary for the work they have performed. The respondents have disputed the aforesaid fact. Their only request is that an enquiry should be conducted into the aspect of actual working of the petitioners during the intervening period. Counsel appearing for the writ petitioners although has disputed the aforesaid question, relying upon the reply filed by the respondents, but the fact as to whether the petitioners have actually worked during the intervening period appears to be disputed as there is a Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 2/6/2024 6:55:10 PM 32 specific denial by the respondents/authorities. In this event, the observation made by the learned writ court that the writ petitioners are entitled for salary during the intervening period i.e. from January, 2022 till 15.07.2022 as they have performed their duties, appears to be incorrect and there is nothing on record to show that the petitioners have actually performed their duties during the intervening period.
10. Under these circumstances, the observations made by the learned writ court while disposing off the writ petitions to the aforesaid extent is set aside. The respondents/authorities are at liberty to conduct an enquiry with respect to working of the writ petitioners from January, 2022 till the termination order dated 15.07.2022. If in the enquiry, it is found that the petitioners have actually performed their duties during the intervening period, then the salary for the aforesaid period be extended to the petitioners. The petitioners will cooperate in the enquiry and they are at liberty to produce all such material before the authorities to demonstrate the fact that they have worked during the intervening period. The entire exercise be completed within a period of 90 days from the date of receipt of a certified copy of this order.
11. To the aforesaid extent, the order dated 11.10.2023 passed by the learned writ court is partly modified. The writ appeals are partly allowed. No order as to costs.
12. All pending interlocutory applications stand disposed off.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
SJ
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 2/6/2024
6:55:10 PM