Madhya Pradesh High Court
The State Of Madhya Pradesh vs Dharmendra Awasthy on 25 November, 2016
RP-377-2016
(THE STATE OF MADHYA PRADESH Vs DHARMENDRA AWASTHY)
25-11-2016
Shri Swapnil Ganguly, learned Govt. Adv. for the
applicants/State.
None appears for the respondents even though represented
by a counsel Shri Santosh Kumar Namdeo.
The State Govt. seeks review of an order dated 11/05/11 passed by this Court in W. P. No. 7794/11.
It is pointed out by Shri Swapnil Ganguly that the writ petition was disposed of on advance notice, without granting opportunity to the State Govt. to file their reply on a very short question and it was directed that the benefit accruing to the petitioner in view of the judgment of the Supreme Court in the case of Asha Saxena Vs. State of M. P. & others S. L. P. (Civil) No. 18881/06 be extended.
It is now pointed out in this application that as the respondent employee was not a Government employee and was an employee working in the Jila Panchayat, Jabalpur and the service conditions are governed by the M. P. Panchayat Samvida Shala Shikshak (Appointment and Service Conditions) Rules 2001, therefore, the decision of the State Govt. in the matter of applicability of the law laid down in the case of Asha Saxena (supra) is not correct.
Keeping in view the aforesaid, I find that there is an error apparent on the face of the record.
Shri Swapnil Ganguly further points out that taking note of the aforesaid, many other review applications of the identical nature has been allowed i.e. R. P. No. 801/15 wherein the order passed in W. P. No. 7539/11 (s) was recalled.
Keeping in view the aforesaid, the question as to whether the case of Asha Saxena (supra) would apply in the case of respondent employee working in the Jila Panchayat requires consideration and as this aspect of the matter was not considered at the time of disposal of the writ petition, this application is allowed.
The order passed in W. P. No. 7794/11 is recalled. The said writ petition be restored to its original file. It be placed for orders before the appropriate Bench. Application stands allowed and disposed of with the aforesaid.
(RAJENDRA MENON) ACTING CHIEF JUSTICE vy