Madhya Pradesh Court December 2012 Judgments
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Arjun Deo Awasthi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-18-2012
arjun deo awasthy versus state 1 W.P.20761/2012 18.12.2012: Shri Brijesh Choubey, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Govt. Adv.for the respondents. Challenging the order dated 5.12.2012 passed by respondent No.2 Superintendent of Police (Rail).Jabalpur transferring the petitioner from Jabalpur to Nainpur, this writ petition has been filed. The only ground canvassed by the petitioner is that the petitioner was transferred from Sagar to Jabalpur vide order dated 7.6.2011. He joined at Jabalpur on 10.6.2011 and not withi1. 2 Years he is being transferred. To consider the administrative necessity involved in transferring the petitioner before completing the tenure posting on 12.12.2012, learned counsel for the State was directed to seek instructions in the matter and not today Shri Rajesh Tiwari informs this Court that a request was made from the Incharge of GRP, Balaghat for posting of a Head Constable on temporary basis and therefore, the petitioner has been ...
Nishakam Rani Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-18-2012
Writ Petition No :11004. 2012 Nishakam Rani versus State of Madhya Pradesh & Others 18.12.2012. Shri R.L.Gupta and Shri S.K.Garg for the petitioner. Shri Samdarshi Tiwari, Government Advocate, for respondents No.1 and 2. Shri Pranay Choubey for respondent No.3. Challenging the order-dated 12.7.2012 Annexure P/1, by which petitioner who was working as Principal, Government High School, 25th Battalion, Bhadbhada Road, Bhopal is transferred to Government High School Chandpur, District Raisen, this writ petition has been filed. Transfer in question is challenged on two grounds. The fiRs.is a ground of frequent transfer. It is stated that within a period of three yeaRs.petitioner has been transferred on five occasions and, therefore, the transfer is illegal. The second ground canvassed is that on political and extraneous considerations petitioner is transferred to grant accommodation to respondent No.3, whose transfer to District Sehore passed only a month back, has been cancelled and she ...
Sanjeev JaIn Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-18-2012
W.P.No.21236/2012 (Sanjeev Jain versus State of M.P.& ors.) 18.12.2012 Shri Birjesh Dubey, learned counsel for the petitioner. The learned counsel for the petitioner prays for and is granted permission to withdraw this petition with liberty to approach the competent authority, i.e., the State Government by filing a representation for enhancing and reviewing the amount of compensation. With the aforesaid liberty, the petition filed by the petitioner is disposed of as withdrawn. It goes without saying that in case the petitioner does so by filing a representation alongwith a copy of the order passed today and a copy of the petition, the same shall be considered expeditiously in accordance with law. C.C.as per rules. (R.S.Jha) Judge gn...
Smt. Sangeeta Nagesh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-18-2012
Writ Petition No.21189/2012 Smt. Sangeeta Nagesh versus State of MP and others 18.12.2012. Shri Subodh Kathar for the petitioner. Shri Rajesh Tiwari, Government Advocate, for the State on advance notice. Petitioner has been denied appointment on contract basis on the post of Assistant Teacher and instead appointment is granted to her on the post of Contract Teacher mainly on the ground that petitioner does not possess a B.Ed or D.Ed Degree. It is the case of the petitioner that possession of the aforesaid qualification is not necessary for grant of compassionate appointment and many other persons have been granted the benefit even though the aforesaid qualification is not available with them. Keeping in view the aforesaid grievance of the petitioner, the Chief Executive Officer of Janpad Panchayat Shahpura, District Jabalpur respondent No.6 is directed to consider the grievance of the petitioner and after taking of the benefit granted to other employees as indicated hereinabove, decid...
GramIn Matsay Palan Sahakari Samiti Maryadit Deori Vs. the State of Ma ...
Court: Madhya Pradesh
Decided on: Dec-18-2012
W.P.No.21218/2012 (Gramin Matsay Palan Sahakari Samiti versus State of M.P.& ors.) 18.12.2012 Heard Shri D.K.Mishra, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 13.12.2012 passed by the Commissioner, Bhopal Division, Bhopal, whereby the petitioner's appeal against the order of the Collector granting lease of Mogha Lake, Deori, filed under Section 91 of the M.P.Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 and the M.P.Panchayat (Appeal and Revision) Rules, 1995 framed thereunder has been dismissed. Admittedly the aforesaid order is revisable before the State under the provisions of the aforesaid rules and no extraordinary reason to interfere with the disputed questions of fact has been brought on record warranting interference by this Court under Article 226 of the Constitution of India. In the circumstances, the petition filed by the petitioner is disposed of with liberty to t...
Dilep Kumar Pandey Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-18-2012
dileep kumar pandey versus state 1 W.P.21077/2012 18.12.2012: Shri Rakesh Kumar Kesharwani, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Govt. Adv.for the respondent State. Petitioner has filed this writ petition and feels aggrieved by the action taken by respondents No.3 to 5. Petitioner is a Teacher and respondents No.3 to 5 is a private unaided school affiliated to the Central Board of Secondary Education. Said school is not amenable to the writ jurisdiction of this Court in view of the law laid down in following cases : Sunil Kumar Saxena versus Holy Cross Ashram H.S.School, Datia and others - 2010(1) MPJ.24 and by a Division Bench of this Court in the case of Yashwant Singh Sikarwar versus Teresian Carmel Educational Society and others - 2008 (4) MPLJ 61 and recently by a Single Bench of this Court in the case of Virendra Singh versus Principal Christ Church Boys Senior Secondary School, Jabalpur and another - 2011(4) MPLJ 587 In view of the above, finding the ...
Smt. Meera Bai Mehra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-18-2012
W.P.No.21241/12 (Smt. Meera Bai Mehra versus State of MP and otheRs.18.12.2012 Heard Shri Devesh Khatri, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition alleging inaction on the part of police authorities on the complaint filed by her. In the circumstances, the petition filed by the petitioner is disposed of with a direction to the respondent No.4, Superintendent of Police, Narsinghpur to look into the complaint of the petitioner and deal with it in accordance with law. To enable the authority to do so, a copy of the order passed today alongwith a copy of the petition be served upon him by the petitioner. It is made clear that this court has not issued any direction to the police authorities to blindly prosecute anybody but has only issued a direction to the police authorities to look into the complaint of the petitioner and if action has not been taken in accordance with law, issue appropriate direction to do s...
Dr. Shikhar Chand JaIn Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-18-2012
W.P.No.21016/2012 (Dr. S.C.Jain versus State of M.P.& ors.) 18.12.2012 Heard Shri Shrikant Shrivastav, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition praying for a direction to the respondent authorities to consider and decide the petitioner's application for registration of his clinic under the provisions of M.P.Upcharyagrah Taha Rujopchar Sambandhi Sthaponaneyen (Registrikaran Tatha Anugyapan) Niyam, 1997, which is pending since 2011. From a perusal of the petition, it is however apparent that the petitioner does not possess the requisite degree in Pathology not has anything been brought on record to indicate that the provisions of the aforesaid act can be invoked or apply to the petitioner for getting his clinic registered inspite of the fact that he is not a registered pathologist. In view of the aforesaid facts and circumstances, I find no substances in the petition, which is accordingly dismissed. (R.S.Jh...
Anil Tatwade Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-17-2012
W.P.No.18048 / 2012 (Anil Tatwade ..Vs.State of M.P.& otheRs.17-12-2012 Shri Yateendra Patel, learned counsel for the petitioner. Shri Vikram Singh, learned counsel for the respondents. The petitioner has filed this petition being aggrieved by the rejection of his application for allotment of a quarter as well as the order passed by the respondent/Municipal Corporation, Bhopal, in proposing to allot the quarter to respondent No.4 who is a daily wage employee and is junior to the petitioner superseding and overlooking the claim of the petitioner, who it is stated, was entitled to allotment of Quarter No.3 in Betwa Apartment. It is submitted by the learned counsel appearing for the petitioner that the petitioner has filed a representation before the Commissioner, Municipal Corporation, Bhopal on 9-7-2012 but no decision thereon has been taken by the concerned authorities till date. In the circumstances, without entering into the merits of the case, the petition filed by the petitioner is...
Amzad Khan Vs. Union of India, South East Central Railway
Court: Madhya Pradesh
Decided on: Dec-17-2012
W.P.No.20731.12 Writ Petition No.20731 of 2012 (Amzad Khan v. Union of India and three otheRs.17/12/2012 Shri Shreekant Dubey, learned counsel for the petitioner. Heard. Order dated 22- 11-2012 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur has been assailed by this petition under Article 227 of the Constitution of India whereby, O.A.No.987/2012 preferred by the petitioner seeking quashment of order dated 23-10-2012 whereby the petitioner working on the post of FPOM-II under Junior Engineer (Works)/APR was transferred from Anuppur to Brijrajnagar has been dismissed. Petitioner had challenged his transfer on the ground that he has been subjected to frequent transfer within a period of six months and that his two children are studying at Annuppur and his aged mother is taking treatment from Shahdol which is nearby Annuppur and that his transfer from Anuuppur will dislocate his family. The Tribunal after recording a finding that petitioner has not been subjected t...
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