Ramesh Ku. Awadhwal vs The State Of Madhya Pradesh
2022 Latest Caselaw 5139 MP

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                                              W.P.NO.27868 /2021




        IN THE HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR

                            BEFORE
     HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                    ON THE 8th OF APRIL, 2022

               WRIT PETITION No. 27868 of 2021

        Between:-
        RAMESH KU. AWADHWAL S/O LATE SHRI
        LAKHANLAL , AGED ABOUT 71 YEARS, R/O
        VILLAGE NANDI POST KEKADAI TEHSIL
        BALAGHAT DISTT. SEONI M.P. (MADHYA
        PRADESH)


                                             .....PETITIONER

        (MS.SRISHTI KASHYAP, LEARNED COUNSEL FOR THE
        PETITIONER )

        AND
1.      THE STATE OF MADHYA PRADESH THR. THE
        PRINCIPAL      SECRETARY     WATER
        RESOURCES DEPARTMENT MANTRALAYA,
        VALLABH BHAWAN BHOPAL (MADHYA
        PRADESH)


2.      STATE OF MADHYA PRADESH THROUGH
        ENGINEER IN CHIEF WATER RESOURCE
        DEPARTMENT TULSI NAGAR NARMADA
        BHAWAN BHOPAL (MADHYA PRADESH)


3.      SENIOR   GEOHYDROLOGIST   JABALPUR
        GROUND WATER SURVEY UNIT NO. 5
        JABALPUR (MADHYA PRADESH)


4.      JOINT DIRECTOR TREASURY JABALPUR
        DIVISION (MADHYA PRADESH)


                                           .....RESPONDENTS
        (SHRI JUBIN PRASAD, PANEL LAWYER, FOR THE
        RESPONDENTS/STATE )
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                                                      W.P.NO.27868 /2021




        This petition coming on for admission this day, the court passed

the following:

                              ORDER

By way of present petition, under Article 226 of the Constitution of India, the petitioner is not challenging any specific order but seeking a direction in the light of the decision rendered in the case of K.L.Asre Vs. State of M.P. and another, decided on 7.11.2005 in Writ Petition No.1070/2003.

2. Learned counsel for the petitioner submitted that the grievance of petitioner is covered by the order passed in the case of K.L.Asre (supra). The Division Bench of this Court in W.A.No.64/2016 vide order dated 20.6.2016 has taken a similar view. The State Government has also issued a Circular dated 21.9.2016 making the benefit available to similarly situated persons like K.L.Asre. In the light of aforesaid judgment as well as circular, the State Government has extended the benefit to the similarly situated employees, who have retired long back. The case of the present petitioner is exactly similar to that of K.L.Asre (supra).

3. Learned counsel for petitioner further submitted that the petitioner would file a representation along with the said judgment/circular, which may be directed to be decided in accordance with law as expeditiously as possible.

4. Learned counsel for respondent has no objection to the innocuous prayer made by the learned counsel for petitioner.

W.P.NO.27868 /2021

5. Accordingly, the petitioner is directed to file a fresh representation along with the copy of order passed today and the relevant judgment/Circular before the competent authority within 15 days from today. If such a representation is filed, the competent authority is directed to decide the same in accordance with law by passing a speaking and reasoned order within 10 days. The outcome shall be communicated to the petitioner forthwith.

6. It is made clear that this Court has not expressed any opinion on the merits of the case.

7. The petition stands disposed of with the aforesaid direction.

(S.A.DHARMADHIKARI) JUDGE TG/-

Digitally signed by TRUPTI GUNJAL Date: 2022.04.12 16:43:16 +05'30'