Dinesh Chandra Jain vs The State Of Madhya Pradesh

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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
nd
ON THE 22 OF OCTOBER, 2026
WRIT PETITION No. 41883 of 2026
CNR No.: MPHC030279772026
DINESH CHANDRA JAIN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shyam Sharma - Advocate for the petitioner.
Shri Shiraz Qureshi - Govt. Advocate for the respondent/State.
ORDER
This petition under Article 226 of the Constitution of India has been
filed by the petitioner seeking following reliefs:-
(i) That, the respondent no. 5 may kindly be directed to execute
the order dt. 15-07-2026 and amended order dt. 23-09-2026 and
execute the agreement and release the salary.
(ii) That, the representation annexure P/1 dt. 24-09-2026 may
kindly be decided.
(iii) That, the other relief doing justice including cost be awarded.
Learned counsel for the petitioner submits that the petitioner is a
retired Government servant who served as an Assistant Accounts Officer in
Janpad Panchayat, Raun, District Bhind, and retired from service on
30.04.2026 upon attaining the age of superannuation. It is submitted that, in
accordance with the State Government policy dated 03.09.2011 governing
contractual appointment of retired Government servants, the petitioner's case
was duly considered by the competent authorities, and the Commissioner,
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 10/24/2026
11:59:44 AM

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Chambal Division, Morena, vide order dated 15.07.2026, approved his

contractual appointment to the post of Assistant Accounts Officer, Janpad
Panchayat, Raun, District Bhind, initially for a period of one year. Pursuant
thereto, the petitioner submitted his joining on 24.08.2026. Learned counsel
further submits that, upon certain clarifications being sought by the
concerned authorities, the Commissioner issued a modified order dated
23.09.2026, correcting the inadvertent mention of the name of another
person and specifically directing that the remaining part of the earlier order
dated 15.07.2026 would remain intact. Thus, the order granting contractual
appointment to the petitioner continues to remain in force and has neither
been cancelled nor withdrawn by the competent authority.
Learned counsel for the petitioner further submits that, pursuant to the
modified order dated 23.09.2026, the petitioner again submitted his joining
on 24.09.2026 and expressed his readiness and willingness to discharge the
duties assigned to him under the contractual arrangement. However, despite
the subsisting orders passed by the Commissioner and the petitioner's
repeated joining reports, the respondents have failed to execute the requisite
contractual agreement and permit him to discharge his duties. It is contended
that the continued inaction of the respondents is arbitrary and unjustified,
particularly when the clarification sought by the concerned authorities
already stands resolved by the modified order issued by the competent
authority. The petitioner is not seeking any fresh appointment but merely
seeks implementation of the existing orders dated 15.07.2026 and
23.09.2026. Despite submitting a representation dated 24.09.2026 before
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 10/24/2026
11:59:44 AM

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respondent No.5, the petitioner's grievance has not been redressed.

Accordingly, learned counsel prays that the respondent No.5 be directed to
decide the representation preferred by him in accordance with law, in a time
bound period, so that greivance of the petitioner may be redressed.
On the other hand, learned counsel for the State submits that the State
has no objection, if such a direction is issued.
Having heard learned counsel for the parties and upon perusal of the
record, this Court finds that the grievance raised by the petitioner primarily
pertains to the non-implementation of the modified order dated 23.09.2026
passed by the Commissioner, Chambal Division, Morena, in relation to his
contractual appointment to the post of Assistant Accounts Officer, Janpad
Panchayat, Raun, District Bhind. The petitioner claims that despite the
aforesaid order and his submission of joining reports, the requisite
contractual agreement has not been executed and his grievance remains
unaddressed. The petitioner has also submitted a representation dated
24.09.2026 before respondent No.5, seeking redressal of his grievance.
In view of the nature of the controversy involved, this Court deems it
appropriate to dispose of the present petition with a direction to respondent
No.5 to consider and decide the representation dated 24.09.2026 submitted
by the petitioner, strictly in accordance with law and by passing a reasoned
and speaking order, keeping in view the modified order passed by the
Commissioner dated 23.09.2026.
The aforesaid exercise shall be completed within a period of two
weeks from the date of receipt of a certified copy of this order. The decision
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 10/24/2026
11:59:44 AM

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so taken shall be communicated to the petitioner forthwith.

With the aforesaid directions, this petition stands disposed of.
(MILIND RAMESH PHADKE)
JUDGE
ojha

Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 10/24/2026
11:59:44 AM