ORDER

1] This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following relief:

“It is therefore most respectfully prayed that this petition be allowed with cost and issue appropriate writ/order or direction may kindly be quash the Annexure P/1 on dated 5.9.2024.”

2] The petitioner is aggrieved by the notice dated 5.9.2024 (Annexure P-1) passed by the respondent no.2, whereby, the petitioner is directed to vacate the accommodation within seven days otherwise, it is mentioned that the department shall cut his water and the electricity supply.

3] The facts of the case are that vide order dated 27.1.2016, although the petitioner was given compassionate appointment by the respondents on account of demise of his father, on the post of Assistant Grade III, however a condition was also imposed that he has to pass Computer Diploma And Proficiency Certificate Test (CPCT) in accordance with clause 6.5 of the Govt. Circular dated 29.9.2014, with the rider that in case, if the aforesaid condition is not fulfilled Signature Not Verified Signed by: REENA SUDHIR within a period of three years, his services shall be terminated. In the light of the aforesaid circular, the respondent no.2 issued a notice dated 7.6.2024, directing the petitioner to provide CPCT certificate otherwise his services shall be terminated. Aggrieved by the aforesaid notice dated 7.6.2024, the petitioner filed W.P.No.19105/2024 before this Court, and this Court, vide order dated 16.7.2024, disposed of the aforesaid writ petition by directing the petitioner to submit his representation before the respondent no.2 along with the copy of the order passed by the coordinate Bench of this Court at Jabalpur in WP No.27996/2023 (Hiraman Vs. State of MP) dated 06.11.2023.

4] Admittedly, the petitioner’s representation has already been rejected vide order dated 08.08.2024 which is already under challenge in W.P.No.29756/2024. It is further submitted that the impugned notice dated 5.9.2024 was passed by the respondent no.2 to vacate the accommodation within seven days otherwise it is directed that the department shall cut water and the electricity supply. Thus, it is submitted that the impugned notice dated 5.9.2024 (Anneuxre P-1) be quashed

5] Counsel for the respondents on the other hand has opposed the prayer, and has averred that they have only complied with the order dated 16.7.2024 passed by this court, thus, no case for interference is made out as the petitioner does not hold any post with the respondent.

Signature Not Verified Signed by: REENA SUDHIR

6] Heard. Having considered the rival submissions and on perusal of the record, and also taking into account the order passed by this court today only in W.P.No.29756/2024, rejecting the petitioner’s claim for Class III post, this court does not find any illegality in the impugned order.

7] However, the petitioner shall be granted a month’s time to vacate the premises, and if the petitioner fails to vacate the same within the stipulated time, the respondents shall be free to take action against the petitioner.

8] With the aforesaid, the writ petition stand disposed of.

(SUBODH ABHYANKAR)

JUDGE das Signature Not Verified Signed by: REENA SUDHIR