This document details the proceedings of the 22nd Meeting of the State Advisory Committee, held to address representations from State Government employees. The meeting, chaired by Shri Manoj Joshi, Joint Secretary (AT & A & SR), focused on cases involving the re-allocation of employees between Madhya Pradesh and Chhattisgarh. A significant number of cases involved employees belonging to the SC/ST category and requests for re-allocation based on domicile or spouse policy. The committee considered numerous individual cases, making recommendations for re-allocation, deferring decisions pending further information or court judgments, or rejecting representations that did not meet the existing guidelines. Several cases also pertained to anomalies in allocation due to the grant of ACP with retrospective effect and ongoing court cases, including High Court directives and appeals.
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F.No. 14/3/2006-SR(S)/Vol.-IV
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
3rd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi – 110003,
the 4th March, 2013,
To
The Principal Secretary,
Department of General Administration,
Government of Madhya Pradesh,
Vallabh Bhawan, Bhopal,
Madhya Pradesh – 462004
The Principal Secretary, 4 MAR 2013
Department of General Administration,
Government of Chhattisgarh,
D.K.S. Bhawan, Raipur,
Chhattisgarh – 492002
Sub.: – Minutes of the 22nd Meeting of the Committee held on 15th February, 2013 at
11:00 AM in Conference Hall No. 190, North Block, New Delhi under the
Chairmanship of Shri Manol Joshi, Joint Secretary (AT & A & SR).
Sir,
I am directed to refer to the above mentioned subject and to forward herewith a
copy of the Minutes of the 22nd Meeting of the Committee held under the Chairmanship
of Shri Manol Joshi, Joint Secretary (AT & A & SR) on 15th February, 2013 at 11:00 AM
in Conference Hall No. 190, North Block, New Delhi regarding consideration of the
representations of State Government employees in compliance with the directions given
by the Hon’ble High Court of Madhya Pradesh and Chhattisgarh and other
representations of employees under SC/ST category and spouse policy etc., for
information and necessary action.
Encls.: As mentioned above
Yours faithfully
sd/-
(S. Nayak)
Under Secretary to the Government of India
☎ – 24624235
The Principal Secretary:
(i) D/o Water Resources, Bhopal (M.P.)
(ii) D/o Water Resources, Raipur (Chhattisgarh)
(iii) D/o Farmers’ Welfare & Agriculture Development, Bhopal (M.P.)
P.T.O.
o/e(iv) D/o Agriculture, Raipur (Chhattisgarh)
(v) D/o Public Health & Family Welfare, Bhopal (M.P.)
(vi) D/o Public Health & Family Welfare, Raipur (Chhattisgarh)
(vii) D/o AYUSH, Bhopal (M.P.)
(viii) D/o AYUSH, Raipur (Chhattisgarh)
(ix) D/o Animal Husbandry, Bhopal (M.P.)
(x) D/o Animal Husbandry, Raipur (Chhattisgarh)
(xi) D/o Public Works, Bhopal (M.P.)
(xii) D/o Public Works, Raipur (Chhattisgarh)
(xiii) D/o School Education, Bhopal (M.P.)
(xiv) D/o School Education, Raipur (Chhattisgarh)
(xv) D/o Social Welfare, Bhopal (M.P.)
(xvi) D/o Social Welfare, Raipur (Chhattisgarh)
(xvii) D/o Food & Supply, Bhopal (M.P.)
(xviii) D/o Food & Supply, Raipur (Chhattisgarh)
(xix) D/o Commercial Tax, Bhopal (M.P.)
(xx) D/o Commercial Tax, Raipur (Chhattisgarh)
(xxi) D/o Commerce & Industry, Bhopal (M.P.)
(xxii) D/o Commerce & Industry, Raipur (Chhattisgarh)
(xxiii) D/o Home, Bhopal (M.P.)
(xxiv) D/o Home, Raipur (Chhattisgarh)
(xxv) D/o Public Health Engineering, Bhopal (M.P.)
(xxvi) D/o Public Health Engineering, Raipur (Chhattisgarh)
Copy also to:
(i) PS to JS (AT & A & SR)
(ii) PS to DS (SR)
S. Nayak
(S. Nayak)
Under Secretary to the Government of India
24624235
Under Secretary to the Government of India
24624235Minutes of the 22nd Meeting of State Advisory Committee, Madhya Pradesh held on 15th February, 2013 at 11.00 A.M. in Conference Hall No. 190, North Block, New Delhi under the Chairmanship of JS (AT&A).
In compliance with the directions of the Hon’ble High Courts of Chhattisgarh and Madhya Pradesh, the 22nd Meeting of the State Advisory Committee held under the Chairmanship of Shri Manoj Joshi, Joint Secretary (AT & A), DOPT on 15/02/2013 at 11.00 AM in Conference Hall No. 190, North Block, New Delhi to consider the representations of the petitioners and employees of State of Madhya Pradesh and Chhattisgarh. The list of attendants is enclosed at Annexure “A”.
- The Chairman welcomed the members of the Committee and thereafter took up the agenda of the meeting for discussion. The Committee considered 73 cases and decision of the Committee in each individual case has been reflected in the last column of the table.
| Sl No. | Name, Designation & W.P. No. | Recommendations of the Committee |
|---|---|---|
| 1 | Om Prakash Tour, Sub-Engineer, WRD (WP No. 5313/06) | The Committee decided to recommend his reallocation from Chhattisgarh to Madhya Pradesh as he belongs to SC category and domicile of Madhya Pradesh. His request is covered under the guidelines of allocation for SC/ST employees. |
| 2 | Kamal Singh Sisodia, Asstt. Engineer, WRD (W.P. No. 2763/06) | The Committee decided to defer the consideration of this case as the representative of Department of Water Resources informed that the SC/ST certificate is not available. |
| 3 | Satish Kumar Pandey, WRD (W.P. No. 2465/06) | The Committee decided to recommend his reallocation from Chhattisgarh to Madhya Pradesh as he belongs to SC category and domicile of Madhya Pradesh. His request is covered under the guidelines of allocation for SC/ST employees. |
| 4 | Ravindra Singh Parihar, Sub-Engineer, WRD (W.P. No. 413/2011) | On the request of the representative of the Department of Water Resources the Committee deferred the consideration of this case related to anomaly in the allocation due to grant of ACP with retrospective effect and reiterated the decision taken in the last meeting that a detailed note will be sent by the Department of Water Resources pointing out the difficulties involved in altering the seniority of many of their employees in the implementation of judgment dated 13/08/2008 in W.A. No. 783/07 – R S Chaurasia versus Union of India and others. |
| 5 | Roop Basant Jarvade, Sub-Engineer, WRD (W.P. No. 2420/08) | The Committee deferred the consideration of this case as the representative of Department of Water Resources informed that in spite of repeated request, the employee failed to produce the SC/ST certificate. || 6 | Trilok Sanwale, WRD, 6444/06) | Chandra Sub-Eng., (W.P.No. |
| :–: | :–: | :–: |
| 7 | L B Bamoria, Sub-Eng., WRD (W.P.No. 336/06) |
The Committee decided to recommend their reallocation from Chhattisgarh to M.P. as they belong to SC category and are domicile of Madhya Pradesh. Their requests are covered under the guidelines of allocation for SC/ST employees. |
| 8 | Har Kishore Malviya, Asstt. Engineer, WRD (W.P. No. 7217/06) | The Committee decided to recommend his reallocation from Chhattisgarh to Madhya Pradesh as he belongs to SC category and domicile of Madhya Pradesh. His request is covered under the guidelines of allocation for SC/ST employees. |
| 9 | Narendra Singh Yadav, Sub-Engineer, WRD W.P. No. 35/2011 | On the request of the representative of the Department of Water Resources the Committee deferred the consideration of this case related to anomaly in the allocation due to grant of ACP with retrospective effect and reiterated the decision taken in the last meeting that a detailed note will be sent by the Department of Water Resources pointing out the difficulties involved in altering the seniority of many of their employees in the implementation of judgment dated 13/08/2008 in W.A. No. 783/07 – R S Chaurasia versus Union of India and others. |
| 10 | S. R. Singh, Sub- Engineer, WRD (W.P. No. 9210/2007) |
The representative of Department of Water Resources informed that appeal has been filed before the Double Bench of the Hon’ble High Court and the matter is sub-judice. The Committee decided to await the judgment of the Hon’ble High Court. |
| 11 | R.K. Srivastava, Sub- Engineer, WRD W.P. NO. 26/2006 |
The Committee observed that the request was considered and rejected in the last meeting and no further action is called for. |
| 12 | Rajendra Singh Bhadoria, Tracer, WRD W.A. No. 423/2011 | On the request of the representative of the Department of Water Resources the Committee deferred the consideration of this case related to |
| 13 | Rakesh Kumar Srivastava \& P N Sharma, Asstt. Engineers, WRD (W.P. No. 837/2012 |
anomaly in the allocation due to grant of ACP with retrospective effect and reiterated the decision taken in the last meeting that a detailed note will be sent by the Department of Water Resources pointing out the difficulties involved in altering the seniority of many of their employees in the implementation of judgment dated 13/08/2008 in W.A. No. 783/07 – R S Chaurasia versus Union of India and others. |
| 14 | A. S. Parihar, Sub-Eng., WRD (W.P. No. 61/06) |
The Committee decided to recommend their reallocation from Chhattisgarh to M.P. as they belong to SC category. They are optee and domicile of Madhya Pradesh. Their requests are covered under the guidelines of allocation for SC/ST employees. |
| 15 | S.K. Rai, Sub-Eng., WRD (W.P. No. 62/06) |
|| 16 | Manoj Kumar Kalosiya, Sub-Engineer, WRD (W.P. No. 15011/06) | The representative of Department of General Administration informed that the employee has expired. The Committee recommended that the factual position may be verified and reported to the Committee in the next meeting. |
| :–: | :–: | :–: |
| 17 | H P Malhotra, SubEngineer, WRD (W.P. No. 60/06) | The Committee decided to recommend his reallocation from Chhattisgarh to M.P. as he belongs to SC category, optee and domicile of Madhya Pradesh. His request is covered under the guidelines of allocation for SC/ST employees. |
| 18 | Nand Lal Rathore, SubEngineer, WRD (W.P. No. 458/2006) | The Committee did not accept the ground that his daughter is $50 \%$ handicapped. This ground is not covered under the guidelines of allocation for change of State cadre. Therefore, the Committee recommended to reject the representation of the petitioner. |
| 19 | Suresh Chandra Sharma, Sub-Engineer, WRD W.A. No. 220/11 | On the request of the representative of the Department of Water Resources the Committee deferred the consideration of this case related to anomally in the allocation due to grant of ACP with retrospective effect and reiterated the decision taken in the last meeting that a detailed note will be sent by the Department of Water Resources pointing out the difficulties involved in altering the seniority of many of their employees in the implementation of judgment dated 13/08/2008 in W.A. No. 783/07 – R S Chaurasia versus Union of India and others. |
| 21 | Vijay Kumar Mohase, Asstt. Engineer, WRD | The Committee decided to recommend their reallocation from Chhattisgarh to M.P. as they belong to SC category and are domicile of Madhya Pradesh. Their requests are covered under the guidelines of allocation for SC/ST employees. |
| 22 | Gya Deen Kori, SubEngineer, WRD | |
| 23 | Prakash Chandra Sankala, Sub-Engineer, WRD | |
| 24 | Ramesh Kumar Choudhary, SubEngineer, WRD, (W.P. No. 7370/2005) | |
| 25 | Subhash Chandra Gupta, Sub-Engineer, WRD, (W.P. No. 2476/2005 and W.A. No. 398/2011) |
The representative of Department of Water Resources informed that one of his junior Shri Bhagchand Jain was allocated to Madhya Pradesh by placing him at Srl. No. 2822A in TFAL. His seniority rank was changed from 2822A to 3071A. This was placed before the then allocation Committee headed by Shri Lohani for consideration. He further explained that Lohani Committee decided that allocation of Shri Bhagchand Jain need not be changed and this case || | | should not be quoted as precedent for further allocation. |
| — | — | — |
| The Committee recommended that this case may be re-examined by Administrative Department and details may be submitted in the next meeting. Representation of Shri Gupta would be considered thereafter. | ||
| 26 | Bindeshwari Singh, Sub-Engineer, WRD, (W.P. No. 6288/2006) | On the request of the representative of the Department of Water Resources the Committee deferred the consideration of this case related to anomally in the allocation due to grant of ACP with retrospective effect and reiterated the decision taken in the last meeting that a detailed note will be sent by the Department of Water Resources pointing out the difficulties involved in altering the seniority of many of their employees in the implementation of judgment dated 13/08/2008 in W.A. No. 783/07 – R S Chaurasia versus Union of India and others. |
| 27 | Kailash Chandra Gupta, Sub-Engineer, WRD, (W.P. No. 5174/2006) | In compliance with the directions dated 14/12/2005 passed by the Hon’ble High Court of Madhya Pradesh the representation of the petitioner was examined by his Administrative Department. Since he has not raised any valid ground, Administrative Department refuted his claim for re-allocation to the State of Madhya Pradesh. On the recommendation of Administrative Department the Committee recommended to reject his representation as none of the grounds raised by him in his representation is covered under the existing guidelines of allocation and a speaking shall be issued accordingly. |
| 28 | Narendra Kumar Vyas, Sub-Engineer, WRD, (W.P. No. 2040/2005) | In compliance with the directions dated 14/12/2005 passed by the Hon’ble High Court of Madhya Pradesh the representation of petitioner was considered by the Committee. The Administrative Department of the petitioner re-examined the representation and informed that one junior to the petitioner viz. Shri R.K. Pawar was given higher pay scale under ACP scheme on 11/08/2004 w.e.f. 19/04/1999. He was allocated to Madhya Pradesh in lower pay scale. Since junior was allocated to Madhya Pradesh, on the recommendation of the Administrative Department, the Committee recommended to re-allocate the services of petitioner from Chhattisgarh to Madhya Pradesh. |
| 29 | Mukesh Kumar Sharma, Steno Grade III, Department of Agriculture, (W.P. No. 1941/2006) | In compliance with the directions dated 15/11/2011 of High Court of Madhya Pradesh the representation of petitioner was considered by the Committee. The Administrative Department of the petitioner re-examined the representation and informed that one junior to the petitioner viz. Shri R.K. Srivastava was given higher pay scale under ACP scheme on 22/08/2005 w.e.f. 13/09/2000. He was allocated to || | | Madhya Pradesh in lower pay scale. Since junior was allocated to Madhya Pradesh, on the recommendation of the Administrative Department, the Committee recommended to re-allocate the services of petitioner from Chhattisgarh to Madhya Pradesh. |
| — | — | — |
| 31 | Rewa Ram Yadav, SADO, Department of Agriculture, (W.P. No. 1508/2006) | The Committee asked the Department of Agriculture to obtain a copy of order dated 15/11/2011 passed in W.P. No. 1508/2006 and representation from the petitioner and re-examine the same in the light of directions of the Hon’ble High Court. The case may be submitted in the next meeting. |
| 32 | Mohan Sharan Khare, SADO, Department of Agriculture, (W.P. No. 2181/2005 & W.A. No. 225/2012) | The representative of Department of Agriculture informed that Shri Khare is not an employee of their Department. He is a Sub-Engineer. Therefore, the Committee directed a copy of W.P. No. 2181/2005 and W.A. No. 225/2012 along with judgment dated 04/05/2012 passed by the Hon’ble High Court of Madhya Pradesh may be obtained from the Hon’ble High Court by the Department of General Administration. Thereafter, this case will be placed before the Committee in its next meeting along with comments of Administrative Department. |
| 33 | Shiv Kumar Srivastava, Surveyor, Department of Agriculture | In compliance with the directions dated 15/11/2011 of High Court of Madhya Pradesh the representation of petitioner was considered by the Committee. The Administrative Department of the petitioner re-examined the representation and informed that 11 junior Surveyors were allocated to Madhya Pradesh in the pay scale of Rs. 4000-6000 and 5 junior surveyors were allocated to Madhya Pradesh in the pay scale of Rs. 3500-5200 in general category. They were given higher pay scale under ACP scheme after 23/09/2000 effective prior to 23/09/2000. They were allocated to Madhya Pradesh in lower pay scale. Since juniors were allocated to Madhya Pradesh, on the recommendation of the Administrative Department, the Committee recommended to re-allocate the services of petitioner from Chhattisgarh to Madhya Pradesh to the post of surveyor. |
| 34 | Kirti Kumar Jain, RAEO, Department of Agriculture, (W.P. No. 3693/2007) | The representative of Administrative Department informed that W.P. No. 3693/2007 was not filed by Shri Kirti Kumar Jain whereas it has been filed by Shri Kirti Kumar Choudhary. Shri Jain had filed W.P. No. 1509/2006. Shri Choudhary is not an employee of Department of Agriculture. This case was deferred and would be considered in the next meeting. The case of Shri Kirti Kumar Choudhary will also be considered in the next meeting after ascertaining his Department. || 35 | D.P. Napit, RAEO, Department of Agriculture, (W.P. No. 9292/2005) | In compliance with the directions dated 15/12/2010 of the Hon’ble High Court of Madhya Pradesh the representation of the petitioner was considered by the Committee. The Administrative Department of the petitioner re-examined his representation and informed that 49 junior RAEOs were given the benefits of ACP in the pay scale of Rs. 4500-7000 prior to 23/09/2000 issued after 01/09/2001. 21 junior RAEOs in the pay scale of 4500-7000 who were kept in pay scale of Rs. 4000-6000 were allocated to Madhya Pradesh in general category. Since juniors were allocated to Madhya Pradesh, on the recommendation of the Administrative Department the Committee recommended to re-allocate the services of petitioner from Chhattisgarh to Madhya Pradesh. |
| :–: | :–: | :–: |
| 36 | Ramlal Singh Kushwaha, SADO, Department of Agriculture, (W.P. No. 1165/2006) | The Administrative Department was asked to obtain a copy of the order dated 15/11/2011 passed by the Hon’ble High Court and consider the old and new representations of the petitioner. Detailed comments to be provided before the next meeting. |
| 37 | L.S. Rajput, RAEO, Department of Agriculture, (W.P. No. 2708/2006) | The representative of Administrative Department informed that Writ Appeal has been filed against the order dated 14/12/2010 in W.P. No. 2708/2006 in the Hon’ble High Court of Madhya Pradesh, Senaii al Gwalior. The case may be kept pending till decision of the Court is available. |
| 38 | Pramod Kumar Dubey, Medical Officer, Department of Public Health \& Family Welfare, (W.P. No. 2398/2007) | The Hon’ble High Court of Madhya Pradesh quashed the order of allocation of petitioner to the State of Chhattisgarh and directed not to remand the case to the respondents to decide the representation afresh on the ground that petitioner has been serving in the State of Madhya Pradesh for last ten years. The representative of Administrative Department informed that Writ Appeal is being filed against the said order dated 14/05/2010 of the Hon’ble High Court. The Administrative Department was directed to inform the Committee in the next meeting after the appeal is filed. |
| 39 | D.L. Rathore, Medical Officer, Public Health \& Family Welfare, (W.A. No. 451/2011) | The Committee noted that the petitioner retired on 30/11/2012. Therefore, the Committee recommended his allocation to the State of Madhya Pradesh as per the guidelines dated 11/08/2008 for allocation/re-allocation of retired/ dead employees. |
| 40 | Krishna Kumar Bhargava, Child Specialist, Public Health and Family Welfare, (W.P. No. 1086/2005) | The representative of Administrative Department informed that the petitioner is working in the State Madhya Pradesh by getting the stay vide order dated 31/07/2009 in W.P. No. 1086/2005 of the Hon’ble High Court of Madhya Pradesh. Department of Public Health \& Family Welfare is moving an application before the Hon’ble High Court for vacating the stay. || | | |
| — | — | — |
| 41 | R.D. Shakya, Compounder, Public Health and Family Welfare (Controller of Food & Drugs) | The Committee deferred this case as the representative of Administrative Department informed that he is not an employee of Department of Public Health & Family Welfare. He is serving under the Controller of Food & Drugs (CFD). The Committee directed to place this case in the next meeting along with comments thereof. |
| 42 | R. P. Srivastava, Medical Specialist, Public Health and Family Welfare, (W.P. No. 4369/2007) | The Hon’ble High Court of Madhya Pradesh quashed the order of allocation of petitioner to the State of Chhattisgarh and permitted the petitioner to work in the State of Madhya Pradesh on the ground that Union of India has not decided the representation by speaking order showing application of mined as the representation is rejected by two words “representation rejected”. The representative of Administrative Department informed that Writ Appeal is being filed against the said order dated 28/02/2012 of the Hon’ble High Court. The Administrative Department was directed to inform the Committee in the next meeting after the appeal is filed. |
| 43 | Ashok Kumar Dixit, Chief Medical and Health Officer, Public Health and Family Welfare, W.P. NO. 4996/2006 | The Hon’ble High Court of Madhya Pradesh quashed the order of allocation of petitioner to the State of Chhattisgarh and directed not to remand the case to the respondents to decide the representation afresh on the ground that petitioner has been serving in the State of Madhya Pradesh for last ten years. The representative of Administrative Department informed that Writ Appeal is being filed against the said order dated 01/12/2010 of the Hon’ble High Court. The Administrative Department was directed to inform the Committee in the next meeting after the appeal is filed. |
| 44 | Ramesh Kumar Neema, Medical Specialist, Public Health and Family Welfare, W.P. No. 1836/2007 | The representative of Administrative Department informed that the petitioner is working in the State Madhya Pradesh by getting the stay vide order dated 17/04/2007 in W.P. No. 1836/2007 of the Hon’ble High Court of Madhya Pradesh. Department of Public Health & Family Welfare is moving an application before the Hon’ble High Court for vacating the stay. The Committee noted that this Writ Petition is disposed with a direction to consider the representation. The petitioner has submitted his representation in compliance with the directions dated 30/11/2011 in W.P. No. 1836/2007 of the Hon’ble High Court. Therefore, the Committee directed Administrative Department to submit a report after re-examination of || | | the representation of the petitioner before the next meeting. |
| — | — | — |
| 45 | Rajendra Prasad Gupta, Medical Officer, Public Health and Family Welfare, W.P. No. 7077/2010 | The representative of Administrative Department informed that Writ Petition No. 7077/2010 has been filed by the petitioner in the Hon’ble High Court of Madhya Pradesh and counter affidavit is being filed by the Administrative Department. Since the matter is sub-judice, the Committee recommended to inform in the next meeting after Counter Affidavit is filed. |
| 46 | Mohammad Iqbal Khan, AMO, Department of AYUSH, W.P. No. 7571/2006 | Detailed comments on the grounds raised by the petitioners were not furnished by the Administrative Department. |
| Therefore, the Committee deferred these cases for the next meeting and directed that Administrative Department would furnish detailed comments on the points raised by the petitioners so as to enable the Committee to arrive at a decision. | ||
| 47 | Kailash Chandra Mahajan, AMO, AYUSH, W.P. No. 7571/2006 | The representative of Administrative Department informed that the Hon’ble High Court of Madhya Pradesh vide its order dated 15/12/2010 quashed the allocation order of the petitioner to the State of Chhattisgarh on the ground that petitioner is serving in the State of Madhya Pradesh for last ten years in pursuance of the stay order. |
| The Committee, therefore, recommended that immediate action may be taken by all concerned Departments for filing Writ Appeals and a compliance report may be furnished to the Committee in the next meeting. | ||
| 48 | Dinesh Kumar Shukla, AMO, Department of AYUSH, W.P. No. 5381/2005 | The Hon’ble High Court of Madhya Pradesh vide its order dated 15/12/2010 quashed the allocation order of the petitioner to the State of Chhattisgarh on the ground that petitioner has been serving in the State of Madhya Pradesh for last ten years in pursuance of the stay order. This order was challenged by the Union of India by filing Writ Appeal No. 254/2011 in the Hon’ble High Court of Madhya Pradesh Bench at Gwalior. The said appeal disposed of on 13/03/2012 along with other Writ Appeals with a common directions to reconsider the representation made earlier by the petitioner and pass speaking order. |
| In compliance with directions dated 13/03/2012 in said appeal the representation of the petitioner was considered by the Committee. The representative of Department of AYUSH informed that the petitioner is working as Lecturer in Government Ayurvedic College, Gwalior consequent upon the merger of the post of AMO with the cadre of Lecturer vide State Government’s order dated 26/09/2012. Main contention of the petitioner is that he has been working || | | as Lecturer before the appointing day i.e. 01/11/2000. Two junior AMOs were also allocated to Madhya Pradesh. No detailed comments were forthcoming from the Administrative Department. | ||
| — | — | — |
| Therefore, the Committee deferred this case for the next meeting and directed that Administrative Department would furnish detailed comments on each point raised by the petitioner. | ||
| 50 | Hari Krishna Aggarwal, AMO, Department of AYUSH, W.P. No. 3811/2007 | In compliance with the directions dated 20/07/2009 of the Hon’ble High Court of Madhya Pradesh the representation of the petitioner was examined by his Administrative Department. One of his contentions raised in Writ Petition is that some senior AMOs who were receiving the pay scale of Rs. 10,000-13,500 were kept in pay scale of Rs. 8000-13500 for allocation to Madhya Pradesh. Comments furnished by the Administrative Department were incomplete. The Committee asked to furnish a specific reply to the points raised by the petitioner and deferred this case. |
| 51 | Aditya Narayan Vajpayee, AMO, Department of AYUSH, W.P. NO. 5390/2005 | The representative of Administrative Department informed that the Hon’ble High Court of Madhya Pradesh vide its order dated 15/12/2010 quashed the allocation order of the petitioner to the State of Chhattisgarh on the ground that petitioner is serving in the State of Madhya Pradesh for last ten years in pursuance of the stay order. |
| The Committee, therefore, recommended that immediate action may be taken by all concerned Departments for filing Writ Appeals and a compliance report may be furnished to the Committee in the next meeting. | ||
| 52 | Rishabh Jain, AMO, Department of AYUSH, W.P. No. 2984/2006 | In compliance with the directions dated 15/11/2011 of the Hon’ble High Court of Madhya Pradesh the representation of the petitioner was examined by Department of AYUSH. The Administrative Department explained that the points raised by the petitioner are not covered under the existing guidelines of allocation. They refuted all his claims for his reallocation to Madhya Pradesh with proper justification. |
| On the recommendation of the Administrative Department the Committee recommended to reject the representation of petitioner and a speaking order shall be issued accordingly. | ||
| 53 | Kunwar Pal Singh, AMO, Department of AYUSH, W.P. No. 6774/2006 | In compliance with the directions of the Hon’ble High Court of Madhya Pradesh the representations of petitioners were considered by the Committee. Detailed comments on the grounds raised by the petitioners were not furnished by the Administrative Department. |
| 54 | Rajesh Joshi, AMO, Department of AYUSH, W.P. No. 3065/2006 | Therefore, the Committee deferred these cases for the next meeting and directed that Administrative || 55 | Vishambhar Dayal Chaturvedi, AMO, Department of AYUSH, W.P. No. 3905/2007 | Department would furnish detailed comments on each point raised by the petitioners so as to enable the Committee to arrive at a decision. |
| — | — | — |
| 56 | Mahendra Singh Chauhan, Progress Asstt., Department of Animal Husbandry, W.A. No. 517/2010 | In compliance with the directions dated 24/11/2010 of Hon’ble High Court this case was considered by the Committee. The Administrative Department has recommended his re-allocation to Madhya Pradesh on the ground that his wife Smt. Meera Chauhan is working as Senior Teacher in Government Girls Higher Secondary School, Raghogarh, Guna, Madhya Pradesh. Therefore, the Committee recommended his re-allocation to Madhya Pradesh on the ground that his wife is working as teacher in the State of Madhya Pradesh and this case is covered under the spouse policy for allocation. |
| 57 | Umesh Jain, Asstt. Veterinary Surgeon, Department of Animal Husbandry, W.P. No. 3402/2009 | In compliance with the directions dated 16/12/2011 of the Hon’ble High Court of Madhya Pradesh the representation of the petitioner was examined by his Administrative Department. None of the grounds raised by him in his representation is covered under the existing guidelines of allocation. They refuted all his claims for his re-allocation to Madhya Pradesh with proper justification. On the recommendation of the Administrative Department, the Committee recommended to reject the representation of petitioner and a speaking order shall be issued accordingly. |
| 58 | Sidhnath Ambawatia, Asstt. Veterinary Surgeon, Department of Animal Husbandry, W.P. No. 3432/2009 | In compliance with the directions dated 16/12/2011 of the Hon’ble High Court of Madhya Pradesh the representation of the petitioner was examined by his Administrative Department. None of the grounds raised by him in his representation is covered under the existing guidelines of allocation. They refuted all his claims for his re-allocation to Madhya Pradesh with proper justification. On the recommendation of the Administrative Department, the Committee recommended to reject the representation of petitioner and a speaking order shall be issued accordingly. |
| 59 | Pramod Kumar Sharma, Sub-Engineer, PWD, W.P. No. 5337/2006 | In compliance with the directions dated 28/02/2012 of the Hon’ble High Court of Madhya Pradesh this case was considered by the Committee. The Administrative Department of petitioner informed that the petitioner had to submit a representation in compliance with the directions dated 28/02/2012 of the Hon’ble High Court. The petitioner failed to submit the same as the time limit given by the Hon’ble High Court expired on 27/06/2012. Petitioner through Writ Petition argued that his four || | | |
| — | — | — |
| 60 | Shailendra Parmar, Sub- Engineer, PWD, W.P. No. 143/2013 |
in compliance with the directions dated 09/01/2013 of the Hon’ble High Court the representation of the petitioner was considered by the Committee. The representatives of Departments of Public Works and General Administration informed that his allocation was to be made treating him OBC. His two juniors Shri Ajit Kumar Shah and Smt. Kumari Anita Thakre were allocated to Madhya Pradesh as per their option in OBC category. Therefore, the Committee recommended reallocation of the petitioner from the State of Chhattisgarh to Madhya Pradesh on the ground that his juniors were allocated to Madhya Pradesh in OBC category. |
| 61 | Nitin S. Joshi, Sub- Engineer, PWD, W.P. No. 5/2006 |
In compliance with the directions dated 21/11/2011 of the Hon’ble High Court of Madhya Pradesh the representation of the petitioner was examined by his Administrative Department. None of the grounds raised by the petitioner in his representation is covered under the existing guidelines of allocation. They refuted all his claims for his re-allocation to Madhya Pradesh with proper justification. On the recommendation of the Administrative Department the Committee recommended to reject his representation and a speaking order shall be issued accordingly. |
| 62 | Anand Kumar Mishra, Sub-Engineer, PWD, W.P. No. 1489/2005 | The representative of Department of Public Works informed that the Hon’ble High Court of Madhya Pradesh vide its order dated 15/12/2010 quashed the allocation order of the petitioner to the State of Chhattisgarh on the ground that the petitioner has been serving in the State of Madhya Pradesh for last 10 years and directed not again refer the matter to the appropriate Government for deciding the representation of the petitioner. They further informed that Writ Appeal No. 469/2012 was filed by the State Government in the Hon’ble High Court of Madhya Pradesh Bench at Gwalior against the order dated 15/12/2010 in W.P. No. 1489/2005. The Writ Appeal was dismissed on 17/09/2012 for non-compliance of Hon’ble Court’s order dated 13/08/2012 failing to submit P.F. with RAD charges. Therefore, the Committee decided to defer this case for the next meeting and directed that the matter will be enquired into by the Administrative Department and fix responsibility for the delay in filing the appeal. || | | |
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| It was brought to the notice of the Committee that Department of General Administration and Water Resources were requested vide letter No. 14/36/2010SR(S) dated 06/04/2011 to file appeal immediately in cases where Court has quashed allocation order on the ground that the petitioner has been working in Madhya Pradesh for last 10 years. | ||
| The Committee, therefore, further recommended that immediate action may be taken by all concerned Departments for filing Writ Appeals and a compliance report may be furnished to the Committee in the next meeting. | ||
| 63 | Rajveer Singh Bhadoria, Sub- Engineer, PWD, W.P. No. 396/2006 | The representative of Department of Public Works informed that the Hon’ble High Court of Madhya Pradesh vide its order dated 15/12/2010 quashed the allocation order of the petitioner to the State of Chhattisgarh on the ground that the petitioner has been serving in the State of Madhya Pradesh for last 10 years and directed not again refer the matter to the appropriate Government for deciding the representation of the petitioner. |
| It was brought to the notice of the Committee that a letter was issued by SR Division vide letter No. 14/36/2006-SR(S) dated 04/2011 to file appeal immediately in cases where Court has quashed allocation order on the ground that the petitioner has been working in Madhya Pradesh for last 10 years. It was for the Administrative Department to comply with the directions of the Union of India. The Committee, therefore, recommended that immediate action may be taken by all concerned Departments for filing Writ Appeals and a compliance report may be furnished to the Committee in the next meeting. | ||
| 64 | Rajneesh Jain, Planning Officer, Department of School Education, W.P. 13347/2004 | The representative of Department of General Administration informed that they have not received any record/comments from the Administrative Department for want of details/representation of the petitioner. The Administrative Department is not clear whether petitioner is an employee of School Education Department. |
| On the request of Department of General Administration Committee deferred this case for the next meeting and directed that Administrative Department would furnish a report to Committee after verification. | ||
| 65 | Mohan Singh Garg, Cinema Operator, Department of Social Welfare, W.P. No. 521/2005 | The Committee recommended his re-allocation from Chhattisgarh to M.P. as he belongs to SC category domicile of Madhya Pradesh. His request is covered under the guidelines of allocation for SC/ST employees. || 66 | Dhirendra Kumar Jain, Inspector Weight and Measurement, Department of Food and Supply, W.P. No. 327/2007 | In compliance with the directions dated 15/11/2011 passed by the Hon’ble High Court of Madhya Pradesh the representation of the petitioner was examined by his Administrative Department. Since he has not raised any valid ground, Administrative Department refuted his claim for re-allocation to the State of Madhya Pradesh. On the recommendation of Administrative Department the Committee recommended to reject his representation as none of the grounds raised by him in his representation is covered under the existing guidelines of allocation and a speaking order shall be issued accordingly. |
| :–: | :–: | :–: |
| 67 | Virendra Singh Raghuvanshi, Inspector Weight and Measurement, Department of Food \& Supply, W.P. No. 3099/2006 | In compliance with the directions dated 15/11/2011 passed by the Hon’ble High Court of Madhya Pradesh the representation of the petitioner was examined by his Administrative Department. Since he has not raised any valid ground, Administrative Department refuted his claim for re-allocation to the State of Madhya Pradesh. On the recommendation of Administrative Department the Committee recommended to reject his representation as none of the grounds raised by him in his representation is covered under the existing guidelines of allocation and a speaking order shall be issued accordingly. |
| 68 | Manohar Chand Khede, Asstt. Grade III, Commercial Tax | The Committee recommended his re-allocation from Chhattisgarh to Madhya Pradesh as he belongs to SC category and domicile of Madhya Pradesh. His request is covered under the guidelines of allocation for SC/ST employees. |
| 69 | L.P.S. Chadhar, Asstt. Manager, Department of Commerce and Industry | The Committee recommended his re-allocation from Chhattisgarh to Madhya Pradesh as he belongs to SC category and domicile of Madhya Pradesh. His request is covered under the guidelines of allocation for SC/ST employees. |
| 70 | Mahendra Singh Khagar, Head Constable, Department of Home | The Committee decided to recommend their reallocation from Chhattisgarh to M.P. as they belong to SC category and domicile of Madhya Pradesh. Their requests are covered under the guidelines of allocation for SC/ST employees. |
| 71 | Bhaurav Ubnare, Head Constable, Department of Home | |
| 72 | Harihar Khede, SubEngineer, PHE, (W.P. No. 3025/2005) | In compliance with the directions dated 15/11/2011 passed by the Hon’ble High Court of Madhya Pradesh the representation of the petitioner was examined by his Administrative Department. Since he has not raised any valid ground, Administrative Department refuted his claim for re-allocation to the State of Madhya Pradesh. On the recommendation of Administrative Department the Committee recommended to reject his representation as none of the grounds raised by him in || | | |
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| 73 | Akhil Vajpayee, Sub- Engineer, PHE. W.P. No. 2743/2005 |
his representation is covered under the existing guidelines of allocation and a speaking order shall be issued accordingly. |
| In compliance with the directions dated 30/04/2008 of the Hon’ble High Court of Madhya Pradesh this case was considered by the Committee. The Administrative Department has recommended his re-allocation to Madhya Pradesh on the ground that his wife Smt. Ruchi Vajpayee is working as Upper Division Teacher in Government Girls Higher Secondary School, Naugaon, Chattarpur, Madhya Pradesh. Therefore, the Committee recommended his re- allocation from Chhattisgarh to Madhya Pradesh as this case is covered under the spouse policy for allocation. |
Meeting ended with a vote of thanks to the Chair.-15-
ANNEXURE “A”
LIST OF ATTENDANTS
- Shri K.P.K. Nambissan, Deputy Secretary, Department of Personnel & Training, Government of India, New Delhi.
- Shri Rajesh Kaul, Deputy Secretary, Department of General Administration, Government of Madhya Pradesh, Bhopal, M.P.
- Shri Prakash Jangre, Deputy Secretary, Department of Water Resources, Madhya Pradesh, Bhopal.
- Shri K.D. Kunjam, Deputy Secretary, Department of General Administration, Chhattisgarh, Raipur.
- Shri S.K. Bahre, S.E. (Admin), Department of Public Works, Madhya Pradesh, Bhopal.
- Shri Rajendra Singh Vaskel, Assistant Commissioner, Department of Commercial Tax, Madhya Pradesh.
- Dr. S.G. Ishtiaque, Deputy Director, Department of AYUSH, Bhopal, Madhya Pradesh.
- Dr. S.P. Singh, Deputy Director, Department of Public Health & Family Welfare, Bhopal, Madhya Pradesh.
- Shri A.K. Shende, Senior Admin Officer, Department of Water Resources.
- Shri D.C. Patel, ASO, Department of Animal Husbandry, Bhopal, Madhya Pradesh.
- Shri H.N. Ahirwar, DSP Radio, Department of Home (Police Telecom), Bhopal, Madhya Pradesh.
- Shri K.K. Bhavsar, Joint Controller, Weights & Measures, Department Food, Civil Supplies & Consumer Affairs, Bhopal, Madhya Pradesh.
- Shri Rajendra K. Hirodiya, SE (Admin.), Department of Public Health Engineering, Bhopal, Madhya Pradesh.
- Shri A.K. Rahangdale, Deputy Director, Department of Farmers’ Welfare & Agriculture Development.