IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF
2019 (S)
PETITIONER : KRISHNA
KUMAR BAHETWAR
Versus
RESPONDENTS : THE
STATE OF MADHYA PRADESH
DECLARATION
(Under Rule 25
of Chapter X)
The copies as required by Rule 25 of Chapter X of the High Court of Madhya
Pradesh Rules, 2008, have served upon Clerk of
office of the Advocate General at PM
on 2019 in Jabalpur.
PLACE : JABALPUR
DATE : ADVOCATE FOR
PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF
2019 (S)
PETITIONER : KRISHNA
KUMAR BAHETWAR
Versus
RESPONDENTS : THE
STATE OF MADHYA PRADESH
I
N D E X
|
S. No.
|
Description of documents
|
Annexure
|
Pages
|
|
1.
|
DECLARATION
(Under Rule
25 of Chapter X)
|
|
1
|
|
2.
|
Index
|
|
2 & 3
|
|
3.
|
Chronology of Events
|
|
4 TO 6
|
|
4.
|
Memo of Writ petition
with affidavit
|
|
7 TO 14
|
|
5.
|
List of documents.
|
|
15 & 16
|
|
6.
|
Copy of the Circular
dated 09.12.1999 issued by respondent No.1
|
P-1
|
17
|
|
7.
|
Copy of the Intimation
dated 17.04.2001
|
P-2
|
18
|
|
8.
|
Copy of the VIIIth
Class Mark Sheet of the year 2000
|
P-3
|
19
|
|
9.
|
Copy of the caste
certificate dated 08.08.2000
|
P-4
|
20
|
|
10.
|
Copy of the Adhar Card
of petitioner
|
P-5
|
21
|
|
11.
|
Copy Samgra Family Card
dated 06.02.2013
|
P-6
|
22
|
|
12.
|
Copy of the intimation
dated 11.05.2001 issued by respondent No. 4
|
P-7
|
23
|
|
13.
|
Copy of the writ petition dated
09.10.2004
|
P-8
|
24 TO 29
|
|
14.
|
Copy of the Order dated 13.10.2004
passed in Writ Pet. (Service) (WPS) 10436/2004, parties being Krishna Kumar
Bahetwar V/S The State of M.P. And Ors.
|
P-9
|
30 & 31
|
|
15.
|
Copy of the intimation
dated 23.07.2005 issued by Superintending Engineer, Wainganga Kacchar, Seoni
|
P-10
|
32
|
|
16.
|
Copy of the information’s given by
respondent No. 5 to the Collector on 11.09.2007
|
P-11
|
33
|
|
17.
|
Copy of the intimation
dated 27.11.2007 issued by respondent No. 5
|
P-12
|
34
|
|
18.
|
Copy of the intimation
dated 05.12.2007 issued by respondent No. 2
|
P-13
|
35
|
|
19.
|
Copy of the intimation
dated 05.12.2007 issued by Superintending Engineer, Rajiv Gandhi Sagar
Project Balaghat
|
P-14
|
36
|
|
20.
|
Copy of the intimation
dated 06.09.2007 through Public Hearing (Jansunwai)
|
P-15
|
37
|
|
21.
|
Copy of the representation dated 06.08.2015
|
P-16
|
38 & 39
|
|
22.
|
Copy of the representation dated 03.04.2017
|
P-17
|
40 & 41
|
|
23.
|
Copy of the representation dated 21.01.2019
|
P-18
|
42 & 43
|
|
24.
|
VAKALATNAMA
|
|
44
|
|
25.
|
COURT FEE
|
|
45
|
PLACE : JABALPUR
DATED : ADVOCATE FOR PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF
2019 (S)
PETITIONER : KRISHNA
KUMAR BAHETWAR
Versus
RESPONDENTS : THE
STATE OF MADHYA PRADESH
CHRONOLOGY
OF EVENTS
|
S.No
|
Date
|
Events
|
|
1.
|
09.12.1999
|
Vide Circular dated
09.12.1999 issued by respondent No.1 clearly speaks of sending proposals of
compassionate appointment to the dependant of daily wages employed who
expired during service.
|
|
2.
|
01.12.2000
|
Father of petitioner
died on 01.12.2000 at Village and Post – Khairlanji, Tahsil – Waraseoni,
District – Balaghat, had been working in the services of respondents’
authorities since long on the post of Watchmen on daily wages. While in
service, he expired and on account of his death, the burden of maintenance of
family members.
|
|
3.
|
Year 2000
|
Petitioner appeared in
District Middle School Examination in the year 2000 and passed with Its
Division by securing 63.6% marks.
|
|
4.
|
08.08.2000
|
Petitioner belongs to
backward classes (BC)as reflected from caste certificate dated 08.08.2000
|
|
5.
|
17.04.2001
|
Respondent No. 5
informed the petitioner that petitioner is not entitled for getting
compassionate appointment.
|
|
6.
|
11.05.2001
|
Respondent No. 4 in utter disregard to the Annexure P-1
informed the then Hon’ble Minister for Backward classes that there is no
provisions for providing compassionate appointment to the dependant of daily
wages employee.
|
|
7.
|
09.10.2004
|
Petitioner had filed a writ petition on forming subject
matter of Writ Pet. (Service) (WPS)
10436/2004, parties being Krishna Kumar Bahetwar V/S The State of M.P. And
Ors. Copy of the writ petition dated 09.10.2004.
|
|
8.
|
13.10.2004
|
This Hon’ble High Court was pleased
to kind enough in disposing off the writ petition by directing the respondent
authorities consider and decide the representation vide Order dated
13.10.2004.
|
|
9.
|
23.07.2005
|
Superintending Engineer, Wainganga Kacchar, Seoni in
utter disregard to the Annexure P-1 informed the Petitioner that there are no
provisions for providing compassionate appointment to the dependant of daily
wages employee.
|
|
10.
|
11.09.2007
|
On an application of petitioner to the collector regarding not
providing compassionate appointment by submitting himself and his family
members subjected to self-immolation, the respondent No. 5 admitted that the
petitioner’s father worked as Watchmen on the basis daily wages employees.
|
|
11.
|
27.11.2007
|
Respondent No. 5 father informed
that there are no provisions for providing
compassionate appointment to the dependant of daily wages employee.
|
|
12.
|
05.12.2007
|
Respondent No. 2 in utter disregard to the Annexure P-1
informed the petitioner that there are no provisions for providing
compassionate appointment to the dependant of daily wages employee.
|
|
13.
|
05.12.2007
|
Superintending Engineer, Rajiv Gandhi Sagar Project
Balaghat in utter disregard to the Annexure P-1 informed the Collector,
Balaghat that there are no provisions for providing compassionate appointment
to the dependant of daily wages employee.
|
|
14.
|
06.09.2007
|
Petitioner application
for compassionate appointment was marked to respondent No. 1 through Public
Hearing (Jansunwai).
|
|
15.
|
06.02.2013
|
Samgra Family Card
dated 06.02.2013 of petitioner
|
|
16.
|
|
Adhar Card of
petitioner
|
|
17.
|
06.08.2015, 03.04.2017,
& 21.01.2019
|
Petitioner
does not sit idle but keep sending the representation dated 06.08.2015, 03.04.2017,
& 21.01.2019.
|
|
18.
|
|
Petitioner preferred a
Writ Petition under Article 226 of the Constitution of India against inaction
on the part of the respondent authorities in not taking any action in
granting compassionate appointment before the Hon’ble High Court of Madhya
Pradesh Principal Seat at Jabalpur.
|
PLACE : JABALPUR
DATED : ADVOCATE
FOR PETITIONER
Format No. 7
(Chapter X, Rule 23)
IN
THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR.
WRIT PETITION NO. OF
2018 (S).
CAUSE
TITLE
PETITIONER : KRISHNA
KUMAR BAHETWAR,
Aged about 37 years, Son
of Late Mr. Budhram Bahetwar, Occupation – Un-employed, R/o Ward No. 2,
Saleteka Road, Village and Post – Khairlanji, Tahsil – Waraseoni, District –
Balaghat – 481 337, (Madhya Pradesh), IDEA : 7089366631
VERSUS
RESPONDENTS :1. THE
STATE OF MADHYA PRADESH,
Through
the Principal Secretary, Water Resources Department, Ministry, Vallabha Bhawan,
Bhopal – 462 023 (Madhya Pradesh).
2. Office of
Engineer-in-Chief, Water Resources Department, Narmada Bhawan, Tulsi Nagar, Bhopal
-462 003 (Madhya Pradesh), E-mail : info@mpwrd.gov.in
3. Project Implementation Co-ordination Unit
(PICU), Madhya Pradesh Water Sector Restructuring Project (MPWSRP), Water
Resources Department, Madhya Pradesh (WRDMP), Data Center Campus, SWARA Bhavan,
(Behind Kolar Guest House), Link Road, Bhopal -462 003, (Madhya Pradesh).
4. Chief Engineer,
Wainganga Kachchar, Water Resources Department, District – Seoni - 480 661, (Madhya Pradesh).
5. Executive Engineer, Rajiv
Gandhi Sagar Project, Division No. 3, Katangi, District – Balaghat – 481 001 (Madhya
Pradesh).
(Writ Petition under Article 226 of
the Constitution of India).
1. Particulars of the Cause/ Order
against which the petition is made:
(1) Date of Order /
Notification/ Circular / Policy/ Decision Etc. : NIL
(2)
Passed in (Case Or File Number)
: NIL
(3)
Passed by (Name and Designation
of the Court, Authority, Tribunal Etc.) : NIL
(4)
Subject – matter in brief: By
preferring this petition under Article 226 of the Constitution of India
invoking the extraordinary writ jurisdiction of this Hon’ble High Court by
calling in question the legality, validity, propriety and correctness of the
in-action on the part of the respondent authorities in not allowing the
petitioner to compassionate appointment inspite of the fact that petitioner
made number of representations. From
pillar to post petitioner, knocked every door for the redressal of his
grievances but at the end petitioner surrenders himself before this Hon’ble
High Court to seek justice as litigation is the last resort when governments
completely disregard the rule of law. Without sending papers of petitioner for
compassionate appointment to the Government, petitioner can be denied appointment
? is the question involved in this writ petition.
2. A declaration that no proceeding
on the same subject matter has been previously instituted in any Court,
Authority or Tribunal, if instituted, the Status or result thereof, along with
copy of the Order:
An Order dated 13.10.2004 passed by this
Hon’ble High Court in the case of Krishna Kumar Bahetwar V/s the State of Madhya Pradesh & Others in the file
of Writ Petition (Service) No. 10436 of 2004
3. Details of the remedied
exhausted :
The petitioner declares that he has availed
all statutory and other remedies.
4. Delay, if any, in filing the
petition and explanation therefor
From pillar to post petitioner, knocked every
door for the redressal of his grievances but at the end petitioner surrenders
himself before this Hon’ble High Court to seek justice as litigation is the
last resort when governments completely disregard the rule of law.
5. Facts of the Case :
Petitioner is a peace loving national of India and entitled for
the all the benefit and fundamental rights as enshrined in the Part III of the
Constitution of India. Respondents are the instrumentality of state within the
meaning of Article 12 of the Constitution of India and therefore amenable to
the writ jurisdiction of this Hon’ble High Court.
Vide Circular dated 09.12.1999 issued by respondent No.1 clearly
speaks of sending proposals of compassionate appointment to the dependant of
daily wages employed who expired during service. Copy of the Circular dated
09.12.1999 issued by respondent No.1 is filed herewith and marked as Annexure P-1. Respondent No. 5
informed the petitioner that petitioner is not entitled for getting
compassionate appointment. Copy of the Intimation dated 17.04.2001 is filed
herewith and marked as Annexure P-2.
Petitioner appeared in District Middle School Examination in the
year 2000 and passed with Its Division by securing 63.6% marks. Copy of the
VIIIth Class Mark Sheet of the year 2000 is filed herewith and marked as Annexure P-3. Petitioner belongs
to backward classes (BC). Copy of the caste certificate dated 08.08.2000 is
filed herewith and marked as Annexure
P-4. Copy of the Adhar Card of petitioner is filed herewith and marked
as Annexure P-5. Copy Samgra
Family Card dated 06.02.2013 is filed herewith and marked as Annexure P-6.
Father of petitioner died on 01.12.2000 at Village and Post –
Khairlanji, Tahsil – Waraseoni, District – Balaghat, had been working in the
services of respondents’ authorities since long on the post of Watchmen on
daily wages. While in service, he expired and on account of his death, the
burden of maintenance of family members. Respondent No. 4 in utter disregard to
the Annexure P-1 informed the then Hon’ble Minister for Backward classes that
there is no provisions for providing compassionate appointment to the dependant
of daily wages employee. Copy of the intimation dated 11.05.2001 issued by
respondent No. 4 is filed herewith and marked as Annexure P-7. The
petitioner is very poor unemployed person and has no source of livelihood.
Therefore petitioner had filed a writ petition on 09.10.2004 forming subject
matter of Writ
Pet. (Service) (WPS) 10436/2004, parties being Krishna Kumar Bahetwar V/S The
State of M.P. And Ors. Copy of the writ petition dated 09.10.2004 is filed
herewith and marked as Annexure P-8.
This Hon’ble High Court was pleased to kind enough in disposing off the writ
petition by directing the respondent authorities consider and decide the
representation vide Order dated 13.10.2004. Copy of the Order dated 13.10.2004 passed
in Writ Pet. (Service) (WPS) 10436/2004, parties being Krishna Kumar Bahetwar
V/S The State of M.P. And Ors. is filed herewith and marked as Annexure P-9.
Superintending Engineer, Wainganga Kacchar, Seoni in utter
disregard to the Annexure P-1 informed the Petitioner that there are no
provisions for providing compassionate appointment to the dependant of daily
wages employee. Copy of the intimation dated 23.07.2005 issued by Superintending
Engineer, Wainganga Kacchar, Seoni is filed herewith and marked as Annexure P-10. On an
application of petitioner to the collector regarding not providing
compassionate appointment by submitting himself and his family members
subjected to self-immolation, the respondent No. 5 admitted that the
petitioner’s father worked as Watchmen on the basis daily wages employees. Copy
of the information’s given by respondent No. 5 to the Collector on 11.09.2007
is filed herewith and marked as Annexure
P-11. Respondent No. 5 father informed that there
are no provisions for providing compassionate appointment to the dependant of
daily wages employee. Copy of the intimation dated 27.11.2007 issued by
respondent No. 5 is filed herewith and marked as Annexure P-12. Respondent
No. 2 in utter disregard to the Annexure P-1 informed the petitioner that there
are no provisions for providing compassionate appointment to the dependant of
daily wages employee. Copy of the intimation dated 05.12.2007 issued by
respondent No. 2 is filed herewith and marked as Annexure P-13. Superintending Engineer, Rajiv Gandhi Sagar
Project Balaghat in utter disregard to the Annexure P-1 informed the Collector,
Balaghat that there are no provisions for providing compassionate appointment
to the dependant of daily wages employee. Copy of the intimation dated
05.12.2007 issued by Superintending Engineer; Rajiv Gandhi Sagar Project
Balaghat is filed herewith and marked as Annexure
P-14. Petitioner application for compassionate appointment was marked
to respondent No. 1 through Public Hearing (Jansunwai).
Copy of the intimation dated 06.09.2007 through Public Hearing (Jansunwai) is filed herewith and marked
as Annexure P-15.
Petitioner does not sit idle but keep sending the representation
dated 06.08.2015, 03.04.2017, & 21.01.2019. Copy of the respresentations
dated 06.08.2015, 03.04.2017, & 21.01.2019 are filed herewith and marked as
Annexure P-16 to P-18 respectively.
Hence this petition on following grounds amongst the others :
6. Grounds urged :
A.
Because the Respondent
authorities ought to have appreciated that Vide Circular dated 09.12.1999
issued by respondent No.1 clearly speaks of sending proposals of compassionate
appointment to the dependant of daily wages employed who expired during service,
but in the case it has not been done so far.
B.
Because the Respondent
authorities failed to appreciate that the State Government of Madhya Pradesh in
Public Works Department Vide Circular No. /438/4416/ 83/ D/ XIX dated
19.03.1984 took a decision that on account of death of a working regular
Shramik in Sthai Gang, one of his dependent be given compassionate appointment
on a regular post of Shramik and such compassionate appointment can be given by
the authorized officer.
C.
Because the Respondent
authorities committed grave error and irregularity in not considering that petitioner
is one of the dependent of the aforesaid deceased regular Shramik of Sthai gang
and, therefore, in aforesaid circular petitioner is entitled to get compassionate
appointment, on the post of regular Shramik.
7. Relief Prayed for :
(a) That the Hon’ble High court shall be pleased
to call for the entire original record of lis
for its kind perusal.
(b) That the Hon’ble High Court shall be pleased
to issue suitable writ or direction to decide the representation filed but petitioner.
(c) That the Hon’ble High Court shall be pleased
to issue suitable writ or direction to the respondent authorities to grant compassionate
appointment to the petitioner.
(d) Cost of this petition be also awarded in
favour of the petitioner.
Any
other relief deemed fit and proper looking to the facts and circumstances of
the case may also be granted.
8. Interim Order / Writ, if prayed
for :
In view of the facts and
circumstance of the case during pendency of instant writ petition petitioner is
not seeking any interim relief but reserves his right to raise the same in case
the occasion arise, in the larger interest of justice.
9. Documents relied on but not in
possession of the petitioner :
All the relevant material and original
records in relation to subject matter in dispute is lying with respondent
authorities which my kindly be requisitioned by the Hon’ble High Court for its
kind perusal.
10.
Caveat
:
That, no notice of
lodging a caveat by the opposite party is received.
PLACE : JABALPUR
DATED: ADVOCATE FOR THE PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF
2019 (S)
PETITIONER : KRISHNA
KUMAR BAHETWAR
Versus
RESPONDENTS : THE
STATE OF MADHYA PRADESH
AFFIDAVIT
I,
KRISHNA KUMAR BAHETWAR, Aged about 37 years, Son of Late Mr. Budhram Bahetwar,
R/o Ward No. 2, Saleteka Road, Vilage and Post – Khairlanji, Tahsil –
Waraseoni, District – Balaghat – 481 337, (Madhya Pradesh), IDEA : 7089366631, do
hereby state on oath as under :
1.
That I am the Petitioner in the
above mentioned writ petition and am fully conversant with the facts deposed to
in the Writ Petition.
2.
That the contents of paragraphs 1 to 10 of the accompanying writ petition
are true to my personal knowledge and the contents of paragraphs are based on
legal advice, which I believe to be true. No material has been concealed and no
part is false.
3.
That the Annexure No(s). P-1 to P-18 to the accompanying writ petition
are true copies of the originals and I have compared the said Annexures with
their respective originals and certify them to be true copies thereof.
PLACE
: JABALPUR
DATED
: DEPONENT
VERIFICATION
I, KRISHNA KUMAR BAHETWAR, the above
named deponent do hereby verify on oath that the contents of the affidavit
above are true to my personal knowledge and nothing material has been concealed
or falsely stated. Verified at ______this______day of _______
DEPONENT
IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF
2019 (S)
PETITIONER : KRISHNA
KUMAR BAHETWAR
Versus
RESPONDENTS : THE
STATE OF MADHYA PRADESH
LIST
OF DOCUMENTS
|
S.No
|
Description of document
|
Date of document
|
Original copy
|
Number of page
|
|
1.
|
Circular issued by
respondent No.1
|
09.12.1999
|
Xerox
|
01 (One)
|
|
2.
|
Copy of the
Intimation
|
17.04.2001
|
Xerox
|
01 (One)
|
|
3.
|
VIIIth Class Mark Sheet
of the year 2000
|
2000
|
Xerox
|
01 (One)
|
|
4.
|
Caste certificate
|
08.08.2000
|
Xerox
|
01 (One)
|
|
5.
|
Adhar Card of
petitioner
|
|
Xerox
|
01 (One)
|
|
6.
|
Samgra Family Card
|
06.02.2013
|
Xerox
|
01 (One)
|
|
7.
|
Intimation issued by
respondent No. 4
|
11.05.2001
|
Xerox
|
01 (One)
|
|
8.
|
Memo of writ petition
|
09.10.2004
|
Xerox
|
06 (Six)
|
|
9.
|
Order passed in Writ Pet. (Service)
(WPS) 10436/2004, parties being Krishna Kumar Bahetwar V/S The State of M.P.
And Ors.
|
13.10.2004
|
Xerox
|
02 (Two)
|
|
10.
|
Intimation issued by
Superintending Engineer, Wainganga Kacchar, Seoni
|
23.07.2005
|
Xerox
|
01 (One)
|
|
11.
|
Information’s given by respondent
No. 5 to the Collector
|
11.09.2007
|
Xerox
|
01 (One)
|
|
12.
|
Intimation issued by respondent No. 5
|
27.11.2007
|
Xerox
|
01 (One)
|
|
13.
|
Intimation issued by
respondent No. 2
|
05.12.2007
|
Xerox
|
01 (One)
|
|
14.
|
Intimation issued by Superintending Engineer, Rajiv
Gandhi Sagar Project Balaghat
|
05.12.2007
|
Xerox
|
01 (One)
|
|
15.
|
Intimation through
Public Hearing (Jansunwai)
|
06.09.2007
|
Xerox
|
01 (One)
|
|
16.
|
Representation submitted by petitioner
|
06.08.2015
|
Xerox
|
02 (Two)
|
|
17.
|
Representation submitted by petitioner
|
03.04.2017
|
Xerox
|
02 (Two)
|
|
18.
|
Representation submitted by petitioner
|
21.01.2019
|
Xerox
|
02 (Two)
|
PLACE : JABALPUR
DATED : ADVOCATE
FOR PETITIONER
