Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Dwarika Pradad Mishra vs The State Of Madhya Pradesh on 15 December, 2022

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                             ON THE 15 th OF DECEMBER, 2022
                                             WRIT PETITION No. 28943 of 2022

                           BETWEEN:-
                           DWARIKA PRADAD MISHRA S/O SHRI RAM PRATAP
                           MISHRA, AGED ABOUT 44 YEARS, OCCUPATION:
                           SERVICE 97/2, FOREST QUARTER CIVIL LINE LINES,
                           DEWAS, DISTRICT DEWAS (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI AMIT RAJ, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY DEPARTMENT OF FOREST VALLABH
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    PRINCIPAL CHEIF CONSERVATOR OF FOREST
                                 SATPURA BHAVAN, BHOPAL (MADHYA PRADESH)

                           3.    ADDITIONAL PRINCIPAL CHIEF CONSERVATOR
                                 OF FOREST UJJAIN CIRCLE, UJJAIN (MADHYA
                                 PRADESH)

                           4.    CHIEF CONSERVATOR FOREST UJJAIN CIRCLE,
                                 UJJAIN (MADHYA PRADESH)

                           5.    DIVISIONAL FOREST OFFICER DEWAS DISTRICT
                                 DEWAS (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI AAKASH SHARMA, GOVERNMENT ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                             ORDER

Heard on the question of admission.

This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

"7.1. That, this Hon'ble Court may pleased to issue appropriate writ/order/direction to quash the order dated 22.10.2022 (Annexure P/1). 7.2. That, this Hon'ble Court may further pleased to direct the respondents to promote the petitioner w.e.f. 2015 as Assistant Grade III and grant all consequential benefits including the monitory benefits. 7.3. That, this Writ Petition may kindly be allowed with costs. 7.4. That, this Hon'ble Court may further pleased to grant any other relief, if deem fits in present facts and circumstances."

Counsel for the petitioner has submitted that the issue involved in the present case has already been decided by the Principal Seat, Jabalpur in the case of Naresh Sharma Vs. State of M.P. and another passed in W.P. No.8474 of 2019 dated 17.06.2019 and the present petition may also be disposed of in terms of the aforesaid order.

Counsel for the respondents/State, on the other hand, has opposed the prayer, however, it is not denied that the case of Naresh Sharma (supra) has not been challenged.

In view of the same, the writ petition is disposed of with a direction to the petitioner to file a fresh representation along with all the relevant documents within a weeks time before the respondents/competent authority and the respondents/competent authority are directed to consider the representation of the petitioner and pass an appropriate order without influencing with the order of status-quo passed in pending SLP No.13954 of 2016 in the case of State of Madhya Pradesh and others Vs. R. B. Rai and others. The aforesaid exercise be completed within a period of one month from the date of submitting the certified copy of this order.

C.c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 15-12-2022 18:17:05