State Of M.P. Through Water ... vs Nur Afroz
2022 Latest Caselaw 8836 MP

                                                                              1
                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                            BEFORE
                                                           HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                       ON THE 4th OF JULY, 2022

                                                              REVIEW PETITION No. 1186 of 2020

                                                    Between:-
                                                    STATE OF M.P. THROUGH WATER RESOURCE
                                                    DEPARTMENT       EXECUTIVE   ENGINEER
                                                    SHAJAPUR (MADHYA PRADESH)

                                                                                                           .....PETITIONER
                                                    (SHRI KOUSTUBH PATHAK - ADVOCATE )

                                                    AND

                                                    NUR AFROZ W/O ASLAM KHAN , AGED ABOUT
                                                    64 YEARS, OCCUPATION: RETIRED R/O 85
                                                    DAYMA GALI AAGAR MALWA (MADHYA
                                                    PRADESH)

                                                                                                         .....RESPONDENT
                                                    (SHRI AMIT RAJ- ADVOCATE)

                                                  T h is petition coming on for orders this day, t h e cou rt passed the
                                            following:
                                                                               ORDER

This is a petition for review/recall of order dated 02.12.2019 passed in

WP No.25840/2018.

The said petition was disposed off on the contention of the learned counsel for the respondent/petitioner that the controversy involved in the present petition is covered by the judgment of co-ordinate bench of this Court in WP No.11459/2012 passed in the case of Rahisa Begum Vs. State of MP and Ors. The prayer was not opposed by the learned counsel for the state. In Signature Not VerifiedDigitally signed by SAN SOURABH YADAV

view of the aforesaid, the petition was disposed off in terms of the directions Date: 2022.07.04 18:13:30 IST

contained in the aforesaid petition and it was directed that the direction shall

apply mutatis mutandis to the present case with full force.

Learned counsel for the applicant submits that a wrong concession on law was given on behalf of the state and therefore, the same would not operate as estoppel.

It is submitted that the case of the respondent/petition therein is not identical to the case of Rahisa Begum and the judgment passed by the co- ordinate bench in WP No.11459/2012. It is further urged that the respondent/petitioner therein has been found to be eligible for pension and the same is being granted to him in accordance with the law. However, the petitioner is asking for counting his daily wagers service from 02.11.1982 to

11.04.1990 for the purpose of pension. He contends that the said issue has not been decided in the aforesaid judgments which have been relied by this Court while disposing the writ petition.

He has further drawn attention on para 5.4 of the writ petition where the petitioner has specifically pleaded that he was working with the respondents as Daily Wager from 02.11.1982 to 11.04.1990 and thereafter his services were regularized in work charge contingency paid employees. He has prayed for a direction in the writ petition to count his service rendered as daily wager in the service as work charge establishment for the purpose of pension which has not been decided in the aforesaid judgments, therefore, seeks review/recall of the order passed by this Court.

Though, the learned counsel for the respondent/petitioner therein vehemently argued that the issue stands covered by the aforesaid judgments but

Signature Not VerifiedDigitally signed by could not show from the aforesaid judgments that it has been decided that the SAN SOURABH YADAV Date: 2022.07.04 18:13:30 IST service rendered as daily wagers shall be counted for the purpose of pension.

After hearing learned counsel for the parties, I find that this court has

disposed off the writ petition saying that the direction passed in WP No.11459/2012 passed by learned Single Judge and the judgment of Division Bench in Rahisa Begum (supra) shall apply mutatis mutandis suffers from error in facts of the present case. In the aforesaid cases, it has not been decided that the services rendered as daily wagers has to be counted for the purpose of pension.

Thus, there is error apparent on the face of the record and therefore, the order dated 02.12.2019 is reviewed and recalled. The writ petition no.25840/2018 is directed to be listed for rehearing.

In view of the aforesaid, the present petition stands allowed and disposed off.

Let a copy of this order be kept in the record of WP No.25840/2018.

(VIJAY KUMAR SHUKLA) JUDGE Sourabh

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOURABH YADAV Date: 2022.07.04 18:13:30 IST