DHIRAJ KUMAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Madhya Pradesh State Tourism Development Corporation ( in short: MPSTDC) is a government agency that conducts and regulates the tourism activities of Madhya Pradesh, established in 1978 by the Government of M.P. The MPSTDC has headquartered in Bhopal and has regional offices across all the districts of Madhya Pradesh and in other states as well. The MPSTDC also operates homestays, hotels, resorts, and tourist rest houses in different key locations within the state. The MPSTDC issued an advertisement for the appointment of a Marketing Executive on a contract basis. The appellant applied for the said post, and he was called for an interview test. Vide order dtd. 11/2/2011, he was appointed to the post of Marketing Executive on a fixed salary of Rs.15,000.00 per month with certain benefits of leave, TA/DA, deductions etc. Vide order dtd. 26/2/2011 the appellant was posted at the Regional Office, Gwalior and since then the appellant has been working there. Respondents enhanced the salary of the appellant from time to time.

(2.) All of a sudden, vide order dtd. 8/12/2022 appellant/ petitioner has been transferred from Gwalior to the Marketing Office at Lucknow, which he challenged by way of W.P. No.29192/2022 before this Court. While issuing notices interim protection was granted to the petitioner. In the writ petition instead of filing a reply on merit, respondents filed an application seeking dismissal of the petition as not maintainable on the ground that MPT Company is a Company registered under the Companies Act, hence, a writ cannot be issued against the respondent. The appellant filed a reply to the said application by submitting that it is a Government Company that comes under the definition of State under Article 12 of the Constitution of India.

(3.) Vide order dtd. 8/9/2023 the Writ Court has dismissed the writ petition as not maintainable. The Writ Court has held that the MPSTDC is a Company registered under the Companies Act and does not have any statutory duty or function to perform, therefore, no mandamus can be issued under Article 226 of the Constitution of India. By placing reliance on a judgment passed in the case of the Praga Tools Corporation Vs. Shri C.A. Imanual and others reported in (1969) 1 SCC 585, the Writ Court has dismissed the writ petition, hence, this writ appeal before this Court.