Madhya Pradesh High Court
Home Gaurds Sainik Avam Pariwar Kalyan ... vs The State Of Madhya Pradesh on 22 June, 2022
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
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 22nd OF JUNE, 2022
WRIT PETITION No. 12894 of 2022
Between:-
HOME GAURDS SAINIK AVAM PARIWAR
KALYAN SANGH THROUGH ITS JOINT
SECRETARY SHRI SONERAM RAWAT S/O SHRI
VEER SINGH RAWAT R/O C/O 11 KISAN SINGH
CHOUHAN HOUSE BEHIND CHHATTRI
RANIPURA MAHARANA PRATAP NAGAR
HARIDARSHAN SCHOOL LASKAR DISTRICT
GWALIOR (M.P.) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SATYA PRAKASH MISHRA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY HOME
DEPARTMENT MANTRALAYA VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DIRECTOR GENERAL OF HOME GUARDS
SOUTH CIVIL LINES, NEAR DAINIKBHASKAR
PRESS JABALPUR (M.P.) CAMP OFFICE O/O
DIRECTOR GENERAL, HOME GUARDS AND
CIVIL DEFENSE, NOORBAGH CAMP,
JAHANGIRABAD, BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI B.D SINGH - GOVERNMENT ADVOCATE )
----------------------------------------------------------------------------------------
This petition coming on for admission this day, Hon'ble Shri Justice
Signature Not Verified
SAN
Vishal Mishra, passed the following:
ORDER
Digitally signed by PRARTHANA SURYAVANSHI Date: 2022.07.01 10:28:19 IST This petition has been filed assailing the order dated 12.04.2022 2 (Annexure-P/15) passed by respondent No.2, whereby the direction has been issued to replace the " Blue Barret Cap" with "Old Khaki Barret Cap". This present petition has been filed.
It is pointed out that the petitioner is a joint Secretary of society namely Home Gurads Sainik Avam Pariwar Kalyan Sangh. The petitioner society is working parallel to the Police Establishment, but they were poorly treated since their date of inception in the service as in terms of Rule 15 of Act, 1947 at Madhya Pradesh Home Guards Act, 1947. They required to be treated equal to the Government employee. They are not regularized in services their salaries, allowances, increments, pensionary benefits and other service benefits have not been paid to them regularly. Therefore, they assail the same by filling a W.P No.10000/2010 before this Court which was decided along with other connected matters vide order dated 02.12.2011. The petition was disposed of in favour of the society and directions were issued to the respondent for upliftment of the state of members of the petitioner society. The matter travels up to the Hon'ble Supreme Court and the Hon'ble Supreme Court has directed the State Government to constitute a high level committee with respect to look into the working condition of the members of society and frame regarding service status of the members of the society. It is submitted that on various demands and recommendations of the members of petitioner society has been ordered to remains Blue Cap in place of Khaki. The orders passed by the authority contrary to the order passed by the Hon'ble High Court as well as Supreme Court and the call of duty for 60 days was again implemented Signature Not Verified contrary to the mandate. Therefore, several writ petitions was again filed before SAN this Court and the interim order was passed but they were neither complied with Digitally signed by PRARTHANA SURYAVANSHI Date: 2022.07.01 10:28:19 IST nor action regarding call of duties of 60 days were implemented. Several 3 contempt petitions were filed for non-compliance of the Court's order and one being Contempt Petition No.692 of 2020 wherein, the Division Bench of this Court vide order dated 15.12.2021 has observed that the members of the petitioner society will be continued to work as Home Guards and will not be called off on duty during the pendency of Contempt petition was disposed of. The authority was not happy by filling of writ petition by the employees, therefore, the direction was issued on 24.05.2018 that the "Blue Barret Cap" be surrendered and replaced by "Old Khaki Barret Cap" since 04.01.2022. The aforesaid order was put to challenge by filling a Writ Petition No.7333 of 2022 and on 07.04.2022, the State Government has filed an affidavit saying that the said order and conditions of order has been withdrawn. Therefore, the writ petition was withdrawal as the grievance of the petitioner was redressed but thereafter within four or five days, the order impugned dated 12.04.2022 has been passed imposing the same condition of replacing "Blue Barret Cap" with "Old Khaki Barret Cap". It is submitted that the entire action has been taken and order has been issued for replacement of the "Cap" as authorities are not happy with the employees for the reasons that the orders passed by the authorities, the employee are approaching the Court against their orders. It is pointed out that change of "Blue Barret Cap" with "Khaki Barret Cap" amounts to violation of Article 14, 19 and 21 of Constitution of India. Therefore, the present petition has been filed.
During the course of the arguments, a specific query was made to the counsel for the petitioner that how a change to "Blue Barret Cap" with "Khaki Signature Not Verified SAN Barret Cap" amounts to violation of Article 14, 19 and 21 of Constitution of Digitally signed by PRARTHANA SURYAVANSHI India and what right the petitioner is having to ask for continuation of "Blue Date: 2022.07.01 10:28:19 IST 4 Barret Cap". No satisfactory answer could be given by the counsel for the petitioner. Rather, he repeatedly argued that as authorities are unhappy with the petitioners, therefore, just to humiliate him, the order impugned has been passed.
He has drawn attention of this Court to an earlier order dated 17.03.2022, whereby the similar order was passed. It is argued that despite filling a specific affidavit before this Court in Writ Petition No.7333 of 2022 within a short period of 4-5 days. The authorities have passed the order dated 04.03.2022.
Apart from the aforesaid, no other ground has been raised by the petitioner for challenging the order impugned.
From the perusal of the record, it is seen that there is no resolution by the society authorizing the petitioner to file the present petition challenging the order dated 12.04.2022. In absence of any resolution, authorizing the petitioner to file this petition, the same is not maintainable, in view of the judgement passed by Division Bench in the case of Income Tax Contingent Employees Union & Anr. Vs. A.N Jha & Another passed in Civil Writ Petition No.2893 of 2019, decided on 17.11.2011 and in the case of Income Tax Contingent Employees Union Vs. Union of India and other passed in Civil Writ Petition No.3798 of 2019, decided on 09.07.2019, whereby this Court has held that such writ petitions are not maintainable for lack of proper authorization.
Even otherwise, bare perusal of the order impugned clearly reflects that only the placement of "Blue Barret Cap" with "Khaki Barret Cap" has been ordered. The same does not fall within the purview of violation of any Signature Not Verified SAN fundamental right of the petitioner. The petitioner fails to demonstrate any rule Digitally signed by PRARTHANA SURYAVANSHI or regulation which has been violated by change of color and quality of the Date: 2022.07.01 10:28:19 IST 5 "Cap". In absence of any violation of fundamental rights of the petitioner, no cause of action arises to the petitioner for filling the present petition. It is within the jurisdiction of the authorities to pass an appropriate order with respect to dress code or change of quality and color of "cap" and the same does not amount to any violation of the fundamental rights. It is not a case that the order is passed by an incompetent authority. None of the malefic action of the authorities could be pointed out by the petitioner's counsel.
In such circumstances, no interference is called for in the present petition. This petition sans merits and is accordingly dismissed.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
Prar
Signature Not Verified
SAN
Digitally signed by PRARTHANA
SURYAVANSHI
Date: 2022.07.01 10:28:19 IST