Madhya Pradesh High Court
The State Of Madhya Pradesh vs Dinesh Prasad Tiwari on 14 August, 2015
HIGH COURT OF MADHYA PRADESH AT JABALPUR
REVIEW PETITION No. : 204 OF 2015
State of Madhya Pradesh
& Others
- V/s -
Dinesh Prasad Tiwari
& Others
Present : Hon'ble Shri Justice Rajendra Menon.
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Shri Piyush Jain, Panel Lawyer for the State.
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ORDE R (14-08-2015) This review application has been filed for review/recall of an order passed on 7.11.2012 in W.P. No.18814/2012.
2. The said writ petition was disposed of with a direction to the respondents to grant to the petitioners/employees the benefit of certain orders passed by this Court, as indicated therein. When nothing was done, for a period of more than one year the petitioners therein filed a contempt application Conc. No.1102/2013 and when notice of the contempt application was issued, the Deputy Secretary School Education examined the matter and passed an order on 4.3.2014 conferring all the benefits to the employees concerned, Annexure RP-2 is the said order. After passing all these orders and after implementing the directions issued on 7.11.2012 in the 2 writ petition it is said that an order has been passed cancelling the benefit granted and now after cancelling the benefit granted to the employees this review application has been filed for review/recall mainly on the ground that the employees are not entitled to benefit and certain writ petitions were pending wherein the report of the Scrutiny Committee was available which disentitles the employees from claiming the benefit.
3. There is inordinate delay in filing this review application, therefore, I.A. No.4636/2015 has been filed for condonation of delay.
4. Once, when the petition was decided on 7.11.2012 and when contempt application was filed in the year 2013 the applicant should have filed the review application and brought to the notice of this Court error, if any, in passing the order. Instead of doing so, they complied with the directions issued and now they withdraw the benefits based on the order passed on 4.3.2014 and on 20.6.2014.
5. If petitioner feels that the employees are not entitled to the benefit and they have passed order annexure PR-2 4.3.2014, they may proceed in the matter in accordance with law, but on the grounds canvassed, I see no reason to review/recall of the order.
6. However, it may be clarified that if the State Government feels that the employees are not entitled to the benefit in accordance with the case of Shri N.K. Rai Vs. and Others Vs. State of M.P. and Others 2005 (5) MPHT 305 and the subsequent orders passed in similar cases they are free to intimate the employees the reason for the same, notice them, hear them and thereafter pass a speaking order indicating as to 3 why the benefit of the case of N.K, Rai (supra) be not granted to the employees and if such an action is taken, the aggrieved persons are free to agitate the same in accordance with law. I am constrain to pass the aforesaid order because the writ petition was disposed of without notice to respondents and now once the petitioner have conferred the benefit to the employees vide order dated 4.3.2014 it is not appropriate for this Court to review/recall its order. Instead justice would be done in case petitioners are giving liberty to correct the error, if any, by following such process as may be permissible under law.
With the aforesaid, the review petition is dismissed.
( Rajendra Menon) Judge ss