Madhya Pradesh Court September 2012 Judgments
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Jitendra Kumar Dwivedi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-24-2012
Jitendra Kumar versus State & ORS.W.P.No.16111/2012 24/09/2012 Shri Vijay Kumar Shukla, learned counsel for the petitioner. Shri S.S.Bisen, learned GA for the respondents/State Government. Shri Prabhakar Singh, learned counsel for the caveator/Shri Dinesh Kumar Pandey. Challenging an interlocutory order Annexure-P13 dated 4.9.2012 passed by the Minister of the Department concerned, exercising the powers of revision conferred upon him under Section 91 of the M.P.Panchayat Raj Awam Gram Swaraj Adhiniyam read with Rule 5 of the M.P.Panchayat (Appeal and Revision) Rules, 1995, petitioner has filed this writ petition. From the records, it is seen that on the ground that a second revision before the Commissioner was not maintainable and finding a prima-facie case made out and on assessment of prima- facie case, balance of convenience and irreparable loss in a pending revision, the interim stay is granted and the matter is posted for further hearing on 27.11.2012. As the order in question is ...
Ramrohit Dwivedi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-24-2012
W.P.No.15500/2012 24.09.2012 Shri Rajendra Pandey, learned counsel for the petitioner. Shri S.M.Lal, learned Government Advocate for the respondents/State on advance copy. Heard on the question of admission. Petitioner is challenging an action of the respondents in denying the benefit of second Kramonnati and proposing to make recovery of benefit already granted, the question involved in this petition already decided by a Bench of this Court in the case of Smt. Prerna W/o Shri Pramod Koranne versus State of M.P.and others in W.P.No.6773/2006, decided on 26.04.2007, and subsequently followed by this Court in series of cases, one such order being W.P.No.5756/2008 (s).Shri R.C.Chaurasiya and others versus State of M.P.and otheRs.decided on 26.05.2008. In the case of Smt. Prerna (supra) the directions given is as under. 17. Consequently these petitions are allowed. The petitioners are entitled to derive the benefit of second Kramonnati according to the terms and conditions mentioned in the...
Shri Dr. Mohan Tiwari Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-24-2012
Dr. Mohan Tiwari versus state 1 W.P.No.15701/2012 24/9/2012 Shri Hemant Shrivastava, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Govt. Adv.for the respondents on advance notice. Challenging a charge sheet issued to the petitioner and initiation of departmental enquiry vide Annexure P/17 dated 31.7.2012, petitioner has filed this writ petition on the ground that petitioner has undergone a family planning operation, petitioner was granted two advance increments on his promotion. When the aforesaid advance increment was withdrawn and amount of increment granted was being recovered, petitioner approached this Court in W.P.No.12107/2010 (s).This Court went into the question of recovery initiated and found that withdrawal of the increment may be proper but recovery should not be made. not finding the petitioner to have obtained the increment by certain misrepresentation and fraud, a charge sheet has been issued and departmental enquiry initiated. Inter alia contending tha...
Smt. Madhu Shrivas Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-24-2012
W.P.No.15455/2012 24.09.2012 Shri Amit Chaturvedi, learned counsel for the petitioneRs.Shri S.M.Lal, learned Government Advocate for the respondents/State on advance copy. Heard on the question of admission. The petitioners claim grant of regular pay scale from the initial date of appointment. The benefit is claimed by the petitioners in the light of the order passed by the Division Bench at Indore Bench of this Court, in W.A.No.346/2008 (Smt. Usha Ranawat versus State of M.P.and others).dated 18-12-2008. By the aforesaid order passed, more than 25 writ appeals claiming similar benefits were decided and it was directed that the benefit of pay fixation in the regular pay scale from the initial date of appointment shall be made to the petitioners therein. In fact the Division Bench has upheld the orders passed by the learned Single Judge in various cases and while deciding the writ appeals in para-19 the following directions were issued by the Division Bench: 19. In view of the foregoing...
Govind Prashad Tripathi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-24-2012
Govind Prashad Tripathi versus State & ORS.R.P.No.752/2012 24/09/2012 Shri V.D.S.Chauhan, learned counsel for the applicant. This application has been filed for correcting the error with regard to place where the petitioner has been transferred in the order passed on 10th of September, 2012 in W.P.No.10803/2012. The Place where the petitioner is transferred is shown as Government Primary School, Chhatwayi, whereas according to the petitioner, the name of the school is Government Primary School Sonha, Sohagpur. Keeping in view the aforesaid, the place of transfer of the petitioner be read as Sonha, Sohagpur. With the aforesaid, application stands allowed and disposed of. Certified Copy as per rules. (Rajendra Menon) Judge nd...
M.L. Batho Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-21-2012
WRIT PETITION No.15452/20121. 09.2012 Shri Hemant Bhannarwar, learned Counsel for the petitioner. Shri Yogesh Dhande, learned Dy. Govt. Advocate, for the respondents-State on advance copy. Heard on the question of admission and interim relief. By this petition, the petitioner is claiming the benefit of grant of second Kramonnati under the scheme of the State Government. The question involved in this petition already decided by a Bench of this Court in the case of Smt. Prerna W/o Shri Pramod Koranne versus State of M.P.and otheRs.in W.P.No.6773/2006, decided on 26.04.2007, and subsequently followed by this Court in series of cases, one such order being passed in W.P.No.5756/2008(S).Shri R.C.Chaurasiya & others versus State of M.P.& otheRs.decided on 26.05.2008. In the case of Smt. Prerna (Supra).the directions given are as under : 17. Consequently these petitions are allowed. The petitioners are entitled to derive the benefit of second Kramonnati according to the terms and conditions me...
Dr. Sitaram Dubey Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-21-2012
Dr. Sitaram Dubey versus State of MP & ORS.21.09.2012. Shri Swapnil Ganguly for the petitioner. Shri Rajesh Tiwari, Government Advocate, for the State on advance notice. Challenging the order-dated 10.7.2012 Annexure P/1 by which petitioner, a Veterinary Assistant Surgeon, has been transferred from Veterinary Hospital, Chhatarpur to Khajuraho in the same District Chhatarpur, and the order-dated 31.8.2012, by which his representation has been rejected, petitioner has filed this writ petition. Challenging the order of transfer petitioner initially approached this Court in Writ Petition No.11170/2012(S) and on 7.8.2012, a Bench of this Court found that the grounds raised by the petitioner in the writ petition are not such which permits a writ court to interfere into the order. Accordingly, taking note of certain judgments of the Supreme Court, this Court found that on the grounds of breach of transfer policy interference cannot be made. However, taking note of the fact that a representat...
Smt.Sunita Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-21-2012
Sunita Patel. versus State & ORS.MCC.No.1049/2012 21/09/2012 Shri S.K.Patel, learned counsel for the applicant. This application has been filed for restoration of W.P.No.4363/2011, which has been dismissed for want of prosecution. Keeping in view the averments made by the applicant in the application and the reasons for delay as contained in the application for condonation of delay I.A.No.10214/2012 and finding the same to be bona-fide, supported by the affidavit of the counsel himself, both the applications are allowed, condoning the delay in filing the application for restoration, the restoration application is itself allowed. W.P.No.4363/2011 be restored to it's original file, it be placed for orders before the appropriate bench. With the aforesaid, application stands allowed and disposed of. Certified Copy as per rules. (Rajendra Menon) Judge nd...
Smt. Rukmani Shrivastava Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-21-2012
Writ Petition No.15251/2012 21/09/2012 Shri Mukesh Sahu, learned counsel for the petitioner. Shri S.M.Lal, learned Panel Lawyer, for the respondents-State on advance copy. Heard on the question of admission and interim relief. Stating that the petitioner is also similarly placed person that of Dharam Pal Chaurasiya and otheRs.who have approached this Court by filing Writ Petition No.2858/2005 (S).which was disposed of finally vide order dated 23.11.2007 the petitioner is also entitled to be given the benefit of order passed by coordinate bench of this Court at Indore in W.P.No.6773/2006 (S) (Smt. Prerna W/o Shri Promod Koranne versus State of M.P.& otheRs.decided on 26.1.2007, the petitioner has prayed for similar directions. It is seen that the aforesaid writ petition was decided in the following manner: 17. Consequently these petitions are allowed. The petitioners are entitled to derive the benefit of second Kramonnati according to the terms and conditions mentioned in the circular d...
Bhojraj Singh Marskole Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-21-2012
WRIT PETITION No.15625/20121. 09.2012 Shri Mohan Lal Sharma, learned Counsel for the petitioneRs.Shri Yogesh Dhande, learned Dy. Govt. Advocate, for the respondents-State on advance copy. Heard on the question of admission and interim relief. By this petition, the petitioners are claiming the benefit of grant of second Kramonnati under the scheme of the State Government. The question involved in this petition already decided by a Bench of this Court in the case of Smt. Prerna W/o Shri Pramod Koranne versus State of M.P.and otheRs.in W.P.No.6773/2006, decided on 26.04.2007, and subsequently followed by this Court in series of cases, one such order being passed in W.P.No.5756/2008(S).Shri R.C.Chaurasiya & others versus State of M.P.& otheRs.decided on 26.05.2008. In the case of Smt. Prerna (Supra).the directions given are as under : 17. Consequently these petitions are allowed. The petitioners are entitled to derive the benefit of second Kramonnati according to the terms and conditions m...
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