Madhya Pradesh Court February 2014 Judgments
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Ganga Prasad Patel Vs. Secretary School Education Dept Mantralaya the ...
Court: Madhya Pradesh
Decided on: Feb-11-2014
W.P.No.571/2014 11.02.2014 Shri Amrit Lal Gupta, learned counsel for the petitioner. It is contended that in terms of the Pay Revision Rules, certain claims were made by the identically placed persons before this Court for grant of appropriate pay scale as they were driving the heavy vehicles of the Government department. One such writ petition being W.P.No.6849/2009 (Radhelal Patel versus The Director N.C.C.And others).was disposed of by this Court on 3.12.2013, with a direction to the respondents to decide such a representation if made in terms of the Revision of Pay Rules within a specified period. It is contended that the petitioner is also a driver engaged on driving the heavy vehicles as is certified by the authorities, but is being paid the salary of a light vehicle driver. This being so, it is contended that the petitioner would also be entitled to the identical direction as was granted in the case of Radhelal Patel (supra).The order passed by this Court in the case of Radhelal...
Rasheed Mohammad Khan Vs. the State of Madhya Pradesh Judgement Given ...
Court: Madhya Pradesh
Decided on: Feb-11-2014
WP No.20712/2013 11/02/2014 Smt. Anchala Gupta, learned counsel for the petitioner. Shri Puneet Shroti, learned counsel for the respondents. Though this writ petition was admitted, notices were issued to the respondents, but no return whatsoever has been filed. This Court has already stayed the recovery initiated against the petitioner vide order dated 4.12.2013. Learned counsel appearing for the respondents prayed for some more time to seek instructions and to file return. The said prayer is opposed by the learned counsel for the petitioner on the ground that the issue is already covered by a decision rendered by this Court in W.P.No.5680/2009 (s) Dinkar Pratap Singh Chauhan and others versus State of M.P.and others decided by a Coordinate Bench of this Court at Gwalior on 23.3.2011. It is further pointed out that writ appeal was preferred against that order by the State Government vide WA No.361/2011, which too ws dismissed by the Division Bench of this Court at Gwalior on 27.7.2011...
Sheru @ Shaharyar Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-11-2014
M.Cr.C.No.2069/14 11.02.2014 Dr. Anuwad Shrivastava, learned counsel for the applicants. Shri Aditya Singh, learned P.L.for the State/respondent. Learned P.L.submits that inspite repeated intimation, he is not under receipt of the case diary. Applicants counsel submit that the charge-sheet has been filed in the matter and he is under receipt of the certified copy of the same. He is directed to supply the copy of the same to the learned P.L.Learned P.L.is directed to examine the matter. After supplying such copy, learned P.L.has perused the same. The copy of the charge-sheet referred by the counsel is taken on record. In the aforesaid premises, with the consent of the parties, the matter is taken up for final adjudication. Heard. On behalf of the applicants, this petition is preferred under Section 439 of Cr.P.C.for grant of bail to the applicants as they are in custody since 16.01.2014, in connection of Crime No.50/14, registered at Police Station Jahangirabad, Bhopal for the offence u...
Smt.Pooja Namdeo Vs. Principal Secretary the State of Madhya Pradesh J ...
Court: Madhya Pradesh
Decided on: Feb-11-2014
Smt. Pooja Namdeo versus State of M.P.& ORS.Writ Petition No.139 / 2010 11.2.2014. Shri V.K.Shukla, learned counsel for the petitioner. Shri S.P.Rai, learned Government Advocate for the State. Petitioner was appointed as a Cook in the Nutrition Rehabilitation Centre C.H.C.Budhar, vide order dated 24.10.2009 the selection of petitioner was done on the basis of the recommendation made by the District Level Selection Committee and after selection an agreement was executed between the petitioner and department concerned on 30.11.2009 making a contract appointment for a period of one year. Indicating the provisions of clause 6 of the contract, service of petitioner was terminated vide order dated 11/12/2009 and as the contract has been terminated, this writ petition was filed. While issuing notice, this court directed for continuing the petitioner in service and, therefore, since 7.1.2010 petitioner still continues in service. Even though petitioner has filed this writ petition seeking regu...
Bhaiyalal Bhoyar Vs. Principal Secretary School Educlation Department ...
Court: Madhya Pradesh
Decided on: Feb-11-2014
WRIT PETITION No.813/2014 1 11.02.2014 Shri Amit Ku. Bajpai, learned Counsel for the petitioner. The claim of the petitioner is squarely covered by a decision of this Court where it has been held that in case an employee is granted a benefit of Kramonnati on account of stagnating on one post for a period of 12 or 24 yeaRs.the said benefit cannot be withdrawn on account of subsequent promotion. As per the instructions issued by the State Government, the salary of the person is to be fixed in accordance to the scale of pay on which he was working before the date of his promotion in terms of Fundamental Rule 22-A. The issue involved in this writ petition has already been decided by this Court in W.P.No.379/2009, Smt. Santosh Verma versus State of M.P.& otheRs.vide order dated 19.07.2011. The aforesaid writ petition has been disposed of in the following manner : 9. The fact remains that the petitioner has retired on 30th June, 2008 and on this date she was drawing the salary of Rs.9,900/- ...
Ravendra Kumar Tiwari Vs. Secretary General Administration Department ...
Court: Madhya Pradesh
Decided on: Feb-11-2014
WRIT PETITION No.601/2014 11.02.2014 None for the petitioner. Shri Rajesh Tiwari, learned Govt. Advocate, for the respondents/State on advance copy. Perused the record. The petitioner claims grant of regular pay scale from the initial date of appointment. The benefit is claimed by the petitioner 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 petitioner 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 discussion, the appeal filed by writ pet...
Shyam Dumar Vs. the State of Madhya Pradesh Judgement Given By: Hon'bl ...
Court: Madhya Pradesh
Decided on: Feb-11-2014
W.P.No.16186/2012 (Shyam Dumar versus State of MP and another) 11.02.2014 Heard Shri P. Tripathi, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition assailing the order dated 09.12.2011 by which the petitioner representation claiming regularization in the establishment of the respondents has been rejected. It is contended by the learned counsel for the petitioner that the petitioner was engaged on 24.07.1996 as daily wager and had completed ten years of service in the establishment of the respondents and therefore is entitled to be regularized specifically in view of the fact that the persons who were engaged as a daily wagers before the petitioner, were regularized. Having heard the learned counsel for the petitioner, it is observed that the respondents/authorities have considered the case of the petitioner in the light of the directions issued by this court in W.P.No.18242/2011 and have found that the petitioner ...
Kukku @ Purshottam Singh Vs. Police Station Civil Lines Rewa the State ...
Court: Madhya Pradesh
Decided on: Feb-11-2014
M.Cr.C.No.1044 of 2014 11.02.2014 Shri Himanshu Dwivedi, learned counsel for the applicant. Shri Pradeep Gupta, learned PL for respondent-State. Learned PL submits that he is under receipt of the case diary. Heard. On behalf of the applicant, this petition is filed under Section 438 of Cr.P.C for grant of anticipatory bail as he is under apprehension of his arrest in connection of Crime No.137/13, registered at Police Station Civil Lines, Rewa for the offence of Sections 420, 467, 468 of IPC. Applicant's counsel after taking me through the order of the Sessions Court argued that in view of factual matrix of the case this is purely civil transaction between the applicant and the complainant and therefore, criminal case could not have been registered against him. In continuation he said that on availability of civil cause of action for civil litigation person like the complainant could not be permitted to invoke the provisions of criminal law in the matter and in such premises prayed for...
Nati Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble Shri ...
Court: Madhya Pradesh
Decided on: Feb-11-2014
M.Cr.C.No.1537 of 2014 11.02.2014 Shri Ashish Kurmi, learned counsel for the applicant. Shri Ved Prakash Tiwari, learned counsel for respondent-State. Learned PL submits that case diary is available with him. Heard. On behalf of the applicant, this petition is preferred under Section 439 of Cr.P.C for grant of bail as he is in custody since 7.1.2014 in connection of Crime No.987/13, registered at Police Station Gadarwara, District Narsinghpur for the offence under Sections 341, 366, 376, 506, 190 of IPC and Section 3 (i) (xii) & 3 (2) (v) of SC/ST (Prevention of Atrocities) Act. Applicant's counsel apprised me that charge sheet has been filed in the matter and by referring FIR from his file argued that the alleged incident occurred on 10.11.2013 at 9 o'clock in the night and FIR was lodged on 13.11.2013 after about sixty houRs.In such FIR no incriminating thing was stated against the present applicant. Even his presence was not shown at the place of incident and only on recording the i...
Premlal Thakur Vs. the State of Madhya Pradesh Judgement Given By: Hon ...
Court: Madhya Pradesh
Decided on: Feb-11-2014
W.P.No.1709/2014 (Premlal Thakur versus State of MP and otheRs.11.02.2014 Heard Ms.Malti Dadariya, learned counsel for the petitioner on the question of admission. The petitioner has filed this petition being aggrieved by his supercession while making promotion on the post of Circle Superintendent. It is submitted that the respondent No.5, who is junior to the petitioner, has been promoted while the petitioner's claim has been ignored only on account of the fact that the seniority list mentions the name of B.L.Thakur instead of the correct name of the petitioner P.L.Thakur. It is stated that the petitioner has filed representations before the Engineer in Chief, Water Resources Department praying for correction of the gradation list as well as claiming promotion on the post of Circle Superintendent and placement of his name in the seniority list but no decision thereon has been taken, therefore his supercession be quashed and the petitioner be awarded proper seniority in the gradation l...
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