Rambharosi Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 4676 MP

                                   1                             WP-15350-2019
        The High Court Of Madhya Pradesh
                   WP-15350-2019
    (RAMBHAROSI SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

4
Gwalior, Dated : 25-08-2021
       Heard through Video Conferencing.
       Shri D.S.Raghuvanshi with Shri Shivendra Singh Raghuvanshi, counsel
for the petitioners.
       Shri D.D.Bansal, GA for the respondents/State.

In this petition filed under Article 226 of the Constitution of India, the

petitioners have prayed for quashment of the impugned order annexure P/1 and a direction to the respondents to count the previous service of the petitioners for the purpose of pensionery benefits and grant consequential benefits from due date as extended to the similarly situated employees in the light of the orders passed by this court in various cases.

Learned counsel for the petitioners submits that the controversy involved in this writ petition is squarely covered by the judgment rendered by Division Bench of this Court on 4.12.2018 in W.A.No.1613 of 2018 (Brij Nandan Gangil Vs. State of M.P. and Others) wherein, it has been held that

"since the issue in hand has already been adjudicated upon by this Court vide order dated 12/10/2018 passed in W.A. No.1320/2018 (Ramswaroop Vyas (dead) Vs. State of M.P. and others), this petition is disposed of on the same terms as in order dated 12/10/2018(Supra). The directions contained therein shall apply mutatis mutandis to this case with full force for grant of consequential benefits of arrears of pension to the appellant for the period 1/12/1996 till 25/2/16 (date of filing of W.P. No.1521/2016), in addition to the consequential benefits already granted by the learned Single Judge". Therefore, it be disposed of in terms of the aforesaid order.

On the other hand, learned counsel for the State submits that the order passed by Division Bench has been put to challenge before Hon'ble Supreme Court by filing SLP (Civil) Diary No.(s) 38238 of 2018 wherein, the Hon'ble 2 WP-15350-2019 Apex court vide order dated 9.1.2020 has held that there shall be an interim stay of the impugned order(s) until further orders from this court. Therefore, this order passed in Division Bench would be subject to the final decision by the Hon'ble Apex Court.

Accordingly, this writ petition is disposed of on the same terms as in W.A.No.1613 of 2018 passed on 4.12.2018. The directions contained therein

shall apply mutatis mutandis to this case with full force. However, same shall be subject to the final outcome in the matter by the Hon'ble Supreme Court as stated herein above.

This petition stands disposed of.

(VISHAL MISHRA) JUDGE

Rks

RAM KUMAR SHARMA 2021.08.27 10:31:24 +05'30'