SANDEEP TRIPATHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Seeking review of the order dated 28.6.2018 passed in Writ Petition No.5722/2015 (Ramakant Shukla v. State of Madhya Pradesh & Others), this review petition has been filed by the respondent Nos.5 & 6 of the Writ Petition No.5722/2015 inter-alia contending that the reply filed by them has not been disclosed and considered while passing the order impugned.

(2.) The review petitioners raised the objection of locus of the petitioners in the writ petition and contended that the said point has not been dealt with while passing the order impugned. It is also stated that the writ petitioner was not eligible fulfilling the criteria of promotion as Varishtha Adhyapak, therefore, the prayer as made is not in accordance with law. It is also urged that all the affected persons have not been joined as a party to the proceedings, therefore, the writ petition was liable to be dismissed.

(3.) On perusal of the facts of this case, it is not in dispute that the appointments of the review petitioners were made in the Janpad Panchayat, Chitrangi, District singrauli and they were absorbed as per order dated 6.6.2011 in the Municipal Corporation, District Singrauli. The order of their absorption was challenged by filing a writ petition interalia stating that under the rules, the absorption from Janpad Panchayat to Municipal Corporation is not permissible. The challenge has also been made granting seniority to the review petitioners showing them over and above from the petitioner. The petitioner have submitted a representation raising objection to grant promotion to the review petitioners in the Municipal Corporation, District Singrauli on the post of Varishtha Adhyapak, however, such promotion is not permissible under the law. In the aforesaid facts, the question of locus of the petitioner challenging the order of absorption of the review petitioners or asking any other relief in the writ petition though it was not maintainable, the order under review is passed. In support of the said contention, the reliance has been placed on the judgment of Hon'ble the Supreme Court in the Case of Ayaaubkhan Noorkhan Pathan v. State of Maharashtra and Others reported in (2013) 4 SCC 465.