IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJEEV SACHDEVA, &

HON'BLE SHRI JUSTICE VINAY SARAF WRIT APPEAL No. 2228 of 2023 SHRIGOVIND NIRANJAN AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS WITH WRIT APPEAL No. 1804 of 2024 SMT. RAJKUMARI THAKUR Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri K.C. Ghildiyal – Senior Advocate with Ms. Warija Ghildiyal Advocate for the appellant.

Shri Ritwik Parashar – GA for the respondent/State Reserved On : 18.08.2024 Pronounced On: 14.11.2024

ORDER

Per: Justice Sanjeev Sachdeva, 1. Both these Writ Appeals, though arise out of separate proceedings and separate orders passed by two learned Single Judges of this Court, raise identical questions of law and as such are being taken up for consideration and disposal together.

2. Writ Appeal No.2228/2023 arises out of order dated 18.10.2023 in Writ Petition No.6010/2020 which has been dismissed applying the principles of Forum Conveniens and holding that the Principal Bench, Jabalpur, High Court of Madhya Pradesh, would not have the territorial jurisdiction to entertain the Petitions and liberty was granted to appellant/petitioner to approach the Gwalior Bench.

3. Writ Appeal No.1804/2024 arises out of order dated 24.07.2024 passed in Writ Petition No.18824/2024 wherein also another learned Single Judge of this Court, while dismissing the petition applied the principles of Forum Conveniens. Liberty was granted to the appellant/petitioner to approach the Gwalior Bench of this Court.

4. In Writ Appeal No.2228/2023, petitioners had impugned an order dated 03.02.2020, whereby petitioners who were earlier appointed on the post of Lecturer/UDT were treated as Shiksha Karmi and benefit of 5th Pay Commission accorded w.e.f. 01.07.2018. Said order dated 03.02.2020 was issued by the Upper Secretary, Government of Madhya Pradesh, Department of Welfare of Scheduled Castes and Scheduled Tribes, Bhopal.

5. Appellants approached this Bench by way of a Writ Petition (W.P.No. 6010/2020). Objection with regard to maintainability of the petition was taken. It was contended that the Bench at Jabalpur would not have the territorial jurisdiction as the petitioners in the Writ Petition were all posted in the territories within the territorial jurisdiction of the Bench at Gwalior.

6. In Writ Appeal No.1804/2024, appellant/petitioner impugns order dated 29.05.2024, whereby petitioner has been visited with major penalty of reduction to the lowest level of Pay-scale. Subsequently, Show Cause Notice dated 25.06.2024 was issued, in exercise of powers of review under Rule 29(1) of the Madhya Pradesh Civil Services (Classification, Control and Appeal), Rules, 1966 and appellant was directed to show-cause as to why penalty of dismissal be not imposed. Impugned order dated 29.05.2024 has been issued by the Commissioner, Health Services at Bhopal and the show- cause notice proposing to impose higher penalty was issued by the State Government at Bhopal. Petitioner by the time of alleged misconduct was posted at Datia within territorial jurisdiction of the Bench at Gwalior and at the time of fling of the petition also, petitioner was posted at Datia.

7. In both the Writ Petitions, both the learned Single Judges have held that the petitions would not lie before the Bench at Jabalpur and petitioners have been relegated to approach the Bench at Gwalior. Both the learned Single Judges have applied the principles of Forum Conveniens to hold that Gwalior Bench would be a more convenient Forum for entertaining the Writ Petitions.

8. The questions that arise for consideration in the subject Appeals are as under:

(i). Whether a Writ Petition would be maintainable before the Bench within whose territorial jurisdiction the order impugned in the Writ Petition had been issued, even though the order affects an employee who is posted in the territories outside the territorial jurisdiction of the said Bench?

(ii). whether a Writ Petition can be filed ba