Madhya Pradesh High Court
M.P. Karmarchari Congress (Forest ... vs The State Of Madhya Pradesh on 10 April, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 10 th OF APRIL, 2023
WRIT PETITION No. 21673 of 2003
BETWEEN:-
1. M.P. KARMARCHARI CONGRESS (FOREST
DEPARTMENT) DISTRICT SATNA THROUGH
PRESIDENT SHRI R.B. SINGH FORESTER , FOREST
DIVISION SATNA (MADHYA PRADESH)
2. M.P. VAN KARMCHARI SANGH DISTRICT
BRANCH SATNA, THROUGH PRESIDENT SHRI
KAUSHAL PRASAD TIWARI FOREST GUARD
SATNA (MADHYA PRADESH)
3. SHIV KUMAR PANDEY S/O SHRI GOBIND PRASAD
PANDEY FORESTER , FOREST DIVISION SATNA
(MADHYA PRADESH)
4. DEVENDRA KUMAR DWIVEDI S/O SHRI RAM
SAJIWAN DWIVEDI FORESTER , FOREST
DIVISION SATNA (MADHYA PRADESH)
5. VIJAY KUMAR PANDEY S/O SHRI LAXMI
NARAYAN PANDEY FORESTER , FOREST
DIVISION SATNA (MADHYA PRADESH)
6. KUWAR BEHADUR KHARE S/O SHRI RAMLAL
KHAR E FORESTER , FOREST DIVISION SATNA
(MADHYA PRADESH)
7. RAM PRASAD VERMA S/O SHRI RAGHUNANDAN
PRASAD VERMA FOREST GUARD , FOREST
DIVISION SATNA (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI K.S. WADHWA - ADVOCATE)
AND
Signature Not Verified
SAN
1. THE STATE OF MADHYA PRADESH THROUGH
Digitally signed by MOHD TABISH KHAN
Date: 2023.04.12 18:52:18 IST THE SECRETARY FOREST DEPARTMENT
MANTRALAYA BHOPAL (MADHYA PRADESH)
2
2. THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF
FOREST, BHOPAL BHOPAL (MADHYA PRADESH)
3. THE CONSERVATOR OF FOREST, REWA CIRCLE
REWA (MADHYA PRADESH)
4. THE DIVISIONAL FOREST OFFICER, SATNA
DIVISION SATNA (MADHYA PRADESH)
5. THE DIVISIONAL FOREST OFFICER, REWA
DIVISION REWA (MADHYA PRADESH)
6. SHARDA PRASAD VERMA, FORESTER FOREST
DIVISION SATNA O/O D.F.O. (MADHYA PRADESH)
7. MIHILAL CHARMAKAR FORESTER FOREST
DIVISION SATNA O/O D.F.O. (MADHYA PRADESH)
8. SADHU LAL SINGH, FOREST DIVISION REWA
REWA (MADHYA PRADESH)
9. CHUNKU PRASAD VERMA, FOREST GUARD
FOREST DIVISION SATNA SATNA (MADHYA
PRADESH)
10. RAM NARESH SAKET, FOREST GOARD , FOREST
DIVISION REWA REWA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)
Th is petition coming on for hearing this day, th e court passed the
following:
ORDER
This petition was earlier filed as O.A. before the State Administrative Tribunal, Jabalpur challenging the orders of promotion of certain persons from the post of Forest Guard to Forester and Forester to Deputy Ranger as contained in Annexure A-10 and Annexure 11 on the ground that these orders Signature Not Verified SAN have been passed in derogation of the orders of the State Administrative Digitally signed by MOHD TABISH KHAN Date: 2023.04.12 18:52:18 IST Tribunal dated 25.10.2002 whereby State Administrative Tribunal had declared 3 the provisions contained in The M.P. Public Services (Promotion) Rules, 2002 to be ultra virus.
It is submitted that immediately after quashing of the Rules, promotion orders were issued on 30.10.2002 and just prior to it on 16.10.2002 whereas no orders could have been passed in compliance of the Promotion Rules of 2002 as they stood quashed.
Shri Manas Mani Verma, Government Advocate for the State submits that thereafter Hon'ble High Court in W.P. No.6365/2002 quashed the orders of the State Administrative Tribunal and that had effect of reviving The M.P. Public Services (Promotion) Rules, 2002 and therefore, any orders passed in pursuance of the Rules of 2002 cannot be said to be arbitrary or illegal inasmuch as order of the High Court has the impact of reviving those Rules to their original position.
In view of such facts, Shri Wadhwa admits that with passage of time, this petition has been rendered infructuous inasmuch as Rules of 2002 still holds the field.
Accordingly, petition is dismissed as infructuous.
(VIVEK AGARWAL) JUDGE Tabish Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2023.04.12 18:52:18 IST