Seetaram Sen vs The State Of Madhya Pradesh
2022 Latest Caselaw 5363 MP

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                                                     W.P.NO.2168 /2016




        IN THE HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR
                       BEFORE
  HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                 ON THE 12th OF APRIL, 2022



               WRIT PETITION No. 2168 of 2016

  Between:-
  SEETARAM SEN S/O SHRI BHAIYA LAL
  SEN,  AGED    ABOUT   50  YEARS,
  OCCUPATION: HELPER (WORK CHARGE)
  PHE MECHANICAL DIVISION NEAR
  CHUAI KHADAN SOOPTAL JABALPUR
  R/O H.NO.1745 NEAR RADHA KUND
  MANDIR GARHA BAZAR JABALPUR,
  (MADHYA PRADESH)
                                                   .....PETITIONER
  (BY SHRI R.G. RAI, LEARNED COUNSEL FOR THE
  PETITIONER)

  AND

   STATE OF MADHYA PRADESH, THROUGH
   PRINCIPAL    SECRETARY,    PUBLIC
1. HEALTH ENGINEERING DEPARTMENT,
   VALLABH BHAWAN (MADHYA PRADESH)

   ENGINEER IN CHIEF PUBLIC HEALTH
   ENGINEERING DEPARTMENT SATPURA
2.
   BHAWAN, BHOPAL (MADHYA PRADESH)

   EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING
3. DEPARTMENT MECHANICAL DIVISION, NEAR CHHUI KHADAN,
   SOOPATAL (MADHYA PRADESH)
                                                .....RESPONDENTS
  (BY SHRI DEEPAK SAHU, LEARNED PANEL
  LAWYER FOR THE RESPONDENTS/STATE)




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

following:


                                 ORDER

W.P.NO.2168 /2016

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 20.06.2016 has taken a similar view. The State Government has also issued a Circular dated 21.09.2016 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). In support of his contention, learned counsel for the petitioner placed reliance in the order dated 24.07.2018 passed by the coordinate bench at Indore in W.P. No.16274/2018.

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 respondents has no objection to the innocuous prayer made by the learned counsel for petitioner.

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

W.P.NO.2168 /2016

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 VARSHA CHOURASIYA Date: 2022.04.12 17:16:37 +05'30'