Ramesh Chandra Soni vs Water Resource Department
2022 Latest Caselaw 10061 MP

                                                      1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 21st OF JULY, 2022

                                        WRIT PETITION No. 2726 of 2019

                            Between:-
                            RAMESH CHANDRA SONI S/O SHRI NARAYAN
                            SONI, AGED ABOUT 59 YEARS, OCCUPATION:
                            SERVICE BHERU BAWDI BASTI TARANA
                            TEHSIL TARANA, DISTT. UJJAIN (MADHYA
                            PRADESH)

                                                                                  .....PETITIONER
                            (SHRI. KARPE PRAKHAR MOHAN, LEARNED COUNSEL FOR THE
                            PETITIONER)

                            AND

               1.           WATER RESOURCE DEPARTMENT PRINCIPAL
                            SECRETARY      VALLABH       BHAWAN
                            MANTRASLAYA, BHOPAL (MADHYA PRADESH)

               2.           EXECUTIVE ENGINEER WATER RESOURCE
                            DEPARTMENT UJJAIN (MADHYA PRADESH)

               3.           SUB DIVISIONAL OFFICER, WATER RESOURCE
                            DEPARTMENT SUB DIVISION, GHATIA, TEHSIL
                            GHATIA, DISTT. UJJAIN (MADHYA PRADESH)

                                                                               .....RESPONDENTS
                            (SHRI. KOUSTUBH PATHAK, LEARNED GA FOR RESPS.)

                           Th is petition coming on for orders    this day, t h e court passed the
               following:
                                                       ORDER

Heard on IA No.4197/2020 which is an application for disposal of the writ petition in the light of the judgment dated 2.12.2019 passed by co-ordinate

Signature Notbench Verifiedin WP No.10410/2019.

Signed by: VARGHESE The present petition is filed being aggrieved by the order passed by the MATHEW Signing time: 21-07-2022 17:41:48

respondents retiring the petitioner upon completion of 60 years of age with effect from 28.2.2019 whereas the petitioner is entitled to be superannuated upon completion of 62 years of age.

Both the parties submit that the matter is squarely covered by order dated 2.12.2019 passed in WP No.10410/2019 Rashid Mohammad Tai Vs. State of MP & Ors.

Considering the aforesaid, the present petition is allowed and disposed off in terms of the order dated 2.12.2019 passed in the case of Rashid Mohd. (supra). The order passed in the said case shall apply mutatis mutandis in the present case. It is submitted that the petitioner has already completed the age of

superannuation i.e. 62 years, and, therefore, the respondents are directed to treat the petitioner in service upto 62 years of his age and to grant him consequential benefits.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 21-07-2022 17:41:48