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2022 Supreme(SC) 126

L. NAGESWARA RAO, B. R. GAVAI
X – Appellant
Versus
Registrar General, High Court Of Madhya Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Indira Jaising, Sr Adv. Mr. Anand Grover, Sr Adv. Ms. Astha Sharma, AOR Ms. Mantika Haryani, Adv Mr. Sanjeev Kaushik, Adv
For the Respondent(s): Mr. Tushar Mehta, Ld. SG Mr. Ravindra Shrivastava, Sr. Adv. Mr. Arjun Garg, AOR Mr. Rajat Nair Adv Ms. Garima Tiwari Adv Mr. Aakash Nandolia, Adv. Mr. Manas Kashiv, Adv. Ms. Sagun Srivastava, Adv. Mr. Bharat Singh AAG Ms. Mrinal Elker Mazumdar, AOR Mr. Manish Yadav Adv. Ms. Pratibha Yadav Adv.

JUDGMENT :

B.R. GAVAI, J.

1. The petitioner has approached this Court in the instant writ petition filed under Article 32 of the Constitution of India seeking the following reliefs:

    a. “Issue an appropriate writ, order or direction in the nature of mandamus to quash and set aside the order dated 11.01.2018 of Chief Justice of the High Court communicated on 25.1.18 of Madhya Pradesh passed after the Full Court Meeting, rejecting the application for reinstatement as violative of Articles 14, 15, 16, 21 r/w. 233, 235 & 311 of the Constitution of India and Natural Justice;

    b. Issue an appropriate writ, order or direction in the nature of mandamus declaring that the Petitioner's resignation from the post of Additional District Judge VIII, Gwalior dated 15.07.2014 amounts to constructive dismissal due to the employer's conduct which applies in the Statutory context where the term "Dismissal/dismissed" is used;

    c. Issue an appropriate writ, order or direction in the nature of mandamus directing the reinstatement of the Petitioner as an Additional District and Sessions Judge from the date of her resignation i.e. 15.07.2014, with continuity in service at S.No 134 of the list of District Judges(S

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