Tejhbhan Kotwar Vs. South Eastern Coal Fields Limited Judgement Given By: Hon'ble Shri Justice U.C. Maheshwari - Court Judgment

SooperKanoon Citationsooperkanoon.com/1119901
CourtMadhya Pradesh High Court
Decided OnJan-03-2014
AppellantTejhbhan Kotwar
RespondentSouth Eastern Coal Fields Limited Judgement Given By: Hon'ble Shri Justice U.C. Maheshwari
Excerpt:
1 w.p no.7468 of 2013 03.01.2014 shri sandeep singh, counsel for the petitioner. shri rajas pohankar, counsel for the respondents. heard on the question of admission. petitioner has filed this petition under article 226 of the constitution of india for issuing the appropriate writ against the respondents/ authorities for the following reliefs :- 1. to issue writ in the nature of mandamus, respondents be directed to protect the basic from the date of conversion.2. that the respondents may be directed to consider the case of the petitioner as they have done for other similar situated employees and similar relief may be extended to the petitioner also.3. that any other relief which this hon'ble court may deems fit and proper kindly be granted to the petitioner.2. having heard the counsel, keeping in view his arguments, on perusing the record, i have found that with respect of the dispute raised in this petition, the representation of the petitioner annex.p/3 is still pending in the office of the respondent no.3. so, in the available circumstances, this petition is disposed of with a direction to the authorities of respondent no.3 to consider and decide the aforesaid pending representation of the petitioner annex.p/3 keeping in view the concerning rules, regulations, policies, schemes, notifications and circulars enacted in that regard with speaking order within three months under intimation to the petitioner. such authority is also directed that while considering the aforesaid representation the case of similarly situated persons named in the petition who have been extended the alleged benefit be also taken into consideration to avoid the situation of discrimination with the petitioner. it is further observed that on such consideration if the petitioner is found to be entitled for extending the 2 w.p no.7468 of 2013 alleged benefit then the same be extended to him.3. petitioner is directed to submit the certified copy of this order along with copy of the petition and annexures in the office of respondent no.3 within 15 days from today. c.c as per rules. (u.c.maheshwari) judge mkl
Judgment:

1 W.P No.7468 of 2013 03.01.2014 Shri Sandeep Singh, counsel for the petitioner. Shri Rajas Pohankar, counsel for the respondents. Heard on the question of admission. Petitioner has filed this petition under Article 226 of the Constitution of India for issuing the appropriate writ against the respondents/ authorities for the following reliefs :- 1. To issue writ in the nature of mandamus, respondents be directed to protect the basic from the date of conversion.

2. That the respondents may be directed to consider the case of the petitioner as they have done for other similar situated employees and similar relief may be extended to the petitioner also.

3. That any other relief which this Hon'ble court may deems fit and proper kindly be granted to the petitioner.

2. Having heard the counsel, keeping in view his arguments, on perusing the record, I have found that with respect of the dispute raised in this petition, the representation of the petitioner Annex.P/3 is still pending in the office of the respondent No.3. So, in the available circumstances, this petition is disposed of with a direction to the authorities of respondent No.3 to consider and decide the aforesaid pending representation of the petitioner Annex.P/3 keeping in view the concerning rules, regulations, policies, schemes, notifications and circulars enacted in that regard with speaking order within three months under intimation to the petitioner. Such authority is also directed that while considering the aforesaid representation the case of similarly situated persons named in the petition who have been extended the alleged benefit be also taken into consideration to avoid the situation of discrimination with the petitioner. It is further observed that on such consideration if the petitioner is found to be entitled for extending the 2 W.P No.7468 of 2013 alleged benefit then the same be extended to him.

3. Petitioner is directed to submit the certified copy of this order along with copy of the petition and annexures in the office of respondent No.3 within 15 days from today. C.C as per rules. (U.C.Maheshwari) Judge MKL