Smt. Fransiska Kujur vs The State Of Madhya Pradesh
2022 Latest Caselaw 4921 MP

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          THE HIGH COURT OF MADHYA PRADESH
                           RP No. 390/2022
 (SMT. FRANSISKA KUJUR Vs THE PRINCIPAL SECRETARY AND OTHERS)


Gwalior, Dated : 05-04-2022

      Shri Abhishek Singh Bhadoriya, Counsel for petitioner.

      Shri A.K. Nirankari, Counsel for State.

      This review petition has been field against the order dated

11.12.2021

passed by Lok Adalat in W.P. No.19242/2020.

It is submitted by Counsel for petitioner that it is true that for no

good reason, neither the petitioner nor her counsel appeared before the

Lok-Adalat but writ petition No.19242/2020 was dismissed under an

impression that she has attained the age of superannuation. It is

submitted that the writ petition was filed challenging her transfer order

mainly on the ground that she is aged about 60 years.

It appears that the said averment was false and she was not 60

years on the date of filing of writ petition. It is submitted that her date

of birth is 01.07.1961 and she would attain the age of superannuation

on 01.07.2023.

However faced with the question of maintainability of this

review petition, it is submitted by Counsel for petitioner that he may

be permitted to withdraw this review petition with liberty to file a writ

petition under Article 227 of the Constitution of India in light of

judgment passed by the Supreme Court in case of State of Punjab

and Anr. vs. Jalour Singh & Ors. reported in (2008) 2 SCC 660.

Prayer for withdrawal with aforesaid liberty is accepted.

THE HIGH COURT OF MADHYA PRADESH RP No. 390/2022 (SMT. FRANSISKA KUJUR Vs THE PRINCIPAL SECRETARY AND OTHERS)

The review petition is dismissed as withdrawn with liberty to

file writ petition under Article 227 of the Constitution of India.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.04.05 17:38:59 +05'30'