Shivcharan Choubey vs The State Of Madhya Pradesh School ...
2021 Latest Caselaw 46 MP

       THE HIGH COURT OF MADHYA PRADESH
                            W.P. No.3175/2021
     (SHIVCHARAN CHOUBEY      Versus THE STATE OF MADHYA PRADESH SCHOOL
                            EDUCATION DEPARTMENT)
Jabalpur, Dated: 22.02.2021
      Shri Manoj Rajak, Advocate for the petitioners.
      Ms. Priyanka Mishra, Government Advocate for the
respondent/State.

Heard on I.A. No.1682/2021, an application for amendment in the cause title.

Learned counsel for the petitioners wants to add B.E.O. Hatta and B.E.O. Pathariya as the respondent No.10 and respondent No.11 respectively in the cause title.

The application is allowed. Learned counsel is permitted to do the necessary corrections in the Court itself.

Learned counsel for the petitioners at the outset submits that the controversy involved in the matter is finally decided by this Court in Writ Petition No.6773/2006 (Prerna vs. State of MP), decided at Indore Bench. Petitioner submits that they intend to prefer representation, which may be directed to be decided by the respondent/concerned authority, in the light of the judgment in Prerna's case (supra), within a stipulated time.

The aforesaid innocuous relief prayed for is not opposed by learned Government Advocate appearing for the respondent/State.

Accordingly, without expressing any opinion on the merits and entitlement of the petitioners, this petition is disposed of with the following directions:

(1) The petitioners shall prefer detailed representations along with the judgment in Prerna's case (supra) on which they want to place reliance and file it before respondent/concerned authority, within 10 days from the date of receipt of certified copy of the order.

(2) The said respondents shall consider and examine the applicability of such judgments in case of petitioners. In the event the authorities come to the conclusion that the petitioners are entitled for similar benefits and claims, the claims be paid to the petitioners within 60 days. The respondents while deciding the representations shall pass a reasoned and speaking order.

With the aforesaid observation, the petition stands disposed of.

Certified copy as per rules.

(Nandita Dubey) Judge ak Digitally signed by ASHISH KOSHTA Date: 2021.02.22 16:56:31 +05'30'