Secretary Krishi Upaj Mandi vs Pritam Kumar Choubey

J.K. Maheshwari, Judge

The petitioner before this Court has filed this petition being aggrieved by his allocation to the State of Chhattisgarh. Leaned Counsel for the petitioner submits that the controversy involved in this petition is fully covered by the decision dated 15.11.2011 in the matter of Rahim Khan v/s State of M.P. and ors. (W.P. No. 2989/2006(S). The matter was also disposed of as under:-

The petitioner before this court has filed this present writ petition being aggrieved by his allocation to the State of Chhattisgarh. The petitioner, in the present case, is an employee serving the State of Madhya Pradesh and is aggrieved by allocation to Chhattisgarh as well as the order rejecting his representation passed by the Union of India against his allocation to the State of Chhattisgarh.

Mr. Vivek Sharan, learned Assistant Solicitor General, has informed this Court that instructions were sought from Government of India in the matter of allocation and in the matter of pending cases before the MP High Court and he has received instructions from the Ministry of Personnel, Public Grievances & Pensions to inform this Court to dispose of all pending cases of allocation as they are being looked into by a Committee constituted by the Government of India, which includes representatives of the State of Chhattisgarh as well as the State of Madhya Pradesh. Learned Assistant Solicitor General has further informed this Court that the case of the present petitioner as well as all other identical cases shall certainly be examined afresh by the committee so constituted for the purpose and the Committee shall be passing individual orders in all the cases after receiving a detailed representation from all individual employees. He has fairly stated before this Court that after a decision is arrived at by a committee for a period of further 30 days, the order passed on the basis of findings arrived at by the Committee shall not be given effect to and shall be kept in abeyance by the Government of India after communicating the same to the individual employees. Keeping in view the aforesaid statement made by the learned Assistant Solicitor General of India as a Committee is going to look into all individual cases, the present writ petition is disposed of along with all other identical cases with a liberty to the petitioners to submit representation individually furnishing all minute details in respect of their service career and also raising all possible grounds in the representation. The aforesaid representation be submitted within a period of 30 days from the date of receipt of certified copy of this order and the committee shall pass necessary orders in respect of the representation preferred by the petitioner as stated by the learned Assistant Solicitor General. It is needless to mention that after an order is passed by the Committee the allocation of the petitioner shall remain in abeyance for a period of 30 days from the date of receipt of such order passed by the Union of India. With the aforesaid observation, the writ petition stands disposed of.

In the present case, Mr. Vivek Sharan, learned Assistant Solicitor General has made all sincere efforts in persuading the Ministry to constitute a Committee and because of his sincere efforts large number of cases are being decided today by this Court. This Court appreciates the exercise undertaken by him.

Resultantly, the matter is disposed of accordingly. No order as to costs.

Learned Counsel for the petitioner submits that petitioners services have been allocated to the State of Chhattisgarh and the grievance of the petitioner is that his case has not been properly considered and now the Committee has been constituted by the Central Government which is considering other cases so the case of petitioner may also be referred to the Committee. Prayer is not opposed hence this petition is disposed of with the following directions:-

i) The petitioner to submit fresh representation within a period of 30 days through proper channel to the Committee and one advance copy of the representation be sent to the Grievance Redressal Committee by speed post.

ii) Along with a representation, the petitioner shall enclose with a copy of this petition and necessary documents for ready reference of the Committee.

iii) If the representation is made by the petitioner within 30 days from today then the Committee so constituted for the purposes, shall consider the representation of the petitioner and decide the case of the petitioner expeditiously as far as possible within a period of 90 days from the date of receipt of the representation.

iv) Initially for a period of 30 days, the interim order passed earlier be continued but in case the representation is filed within the aforesaid period then the order shall be continued for a further period of 90 days of till representation of the petitioner is decided whichever is earlier.

v) In case the representation of the petitioner is rejected then the petitioner shall be allowed further 30 days time from the date of rejection of the representation to join at allocated place.

No order as to costs.