Smt. Terasiya Bai vs The State Of Madhya Pradesh
2021 Latest Caselaw 8542 MP

                                                                    1                               CONC-571-2021
                                          The High Court Of Madhya Pradesh
                                                   CONC No. 571 of 2021
                                            (SMT. TERASIYA BAI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                  Jabalpur, Dated : 09-12-2021
                                        Shri Paresh Pareek, learned counsel for the petitioner.

                                        Shri Vivek Sharma, learned Dy. Advocate General for the
                                  respondents/State.

Heard on I.A. No.9429/2021, an application for recalling of order dated 11/11/2021.

Shri B.K. Vishwakarma, Executive Engineer, is present in person before this Court.

Shri Manoj Dwivedi, Executive Engineer, Public Works Department (B&R) Division, Satna is present in person before this Court. He submits that respondent No.2-G.R. Gujre, Chief Engineer, Public Works Department, Rewa Zone, Rewa was transferred from Rewa in January, 2021. He submits that Shri B.K. Vishwakarma, Executive Engineer, has been impleaded as respondent No.3, has retired on attaining the age of superannuation in July, 2021. In view of such fact since respondent No.3 stood retired on the date

when the order dated 11/11/2021 was passed by a Coordinate Bench of this High Court and respondent No.2 was already transferred out of Rewa, they could not appear and make compliance of the order.

In view of such facts given by Shri B.K. Vishwakarma, and Shri Manoj Dwivedi, order dated 11/11/2021 is recalled.

Shri Vivek Sharma, learned counsel for the respondents, has produced copy of order dated 17/03/2021. This order is paper compliance, there is no mention of consideration of the judgments of this High Court in the cases of Shrikrishna Shrivastav Vs. State of M.P. and others, 2003 (4) MPLJ 376 (DB) and State of M.P. and others Vs. Sant Kumar Mishra and another passed in Writ Appeal No.1184/2017 decided on 29/11/2019 in light of which respondent-Executive Engineer was directed to pass order.

In view of such facts, petitioner is directed to implead present Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2021.12.10 14:25:44 IST 2 CONC-571-2021 incumbents to the post of Chief Engineer and Executive Engineer as parties. Since Manoj Dwivedi is appearing for respondent No.3, he is directed to pass fresh order taking into consideration the judgments as referred above within 15 days from today and report compliance.

List the matter on 5th January, 2022.

(VIVEK AGARWAL) JUDGE

ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2021.12.10 14:25:44 IST