Madhya Pradesh High Court
Rakesh Bhushan Sharma vs The State Of Madhya Pradesh on 23 March, 2022
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 23rd OF MARCH, 2022
WRIT PETITION No. 21128 of 2017
Between:-
RAKESH BHUSHAN SHARMA S/O HEERALAL
SHARMA , AGED ABOUT 57 YEARS, OCCUPATION:
SERVICE WORKING AS ASSISTANT GRADE III IN
THE OFFICE OF REGIOANL ACCOUNTS OFFICER
(T.H. C) M P POWER GENERATING CO. LTD
SIRMOUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI RAJNISH GUPTA, LEARNED COUNSEL FOR THE
PETITIONER )
AND
1. THE STATE OF MADHYA PRADESH THROGUH
PRINCIPAL SECRETARY ENERGY DEPARTMENT
GOVT. OF M P VALLABH BHWAN, (MADHYA
PRADESH)
2. SECRETARY STATE ELECTRICITY BOARD SHAKTI
BHAWAN RAMPUR JABALPUR (MADHYA
PRADESH)
3. CHAIRMAN CUM MANAGING DIRECTOR POWER
GENERATION CO. LTD. BLOCK NO. 6 SHAKTI
BHAWAN RAMPUR JABALPUR (MADHYA
PRADESH)
4. CHAIRMAN CUM MANAGING DIRECTOR POORVA
KSHETRA VIDYUT VITRAN CO. LTD. SHAKTI
BHAWAN RAMPUR JABALPUR (MADHYA
PRADESH)
5. EXECUTIVE ENGINEER (HUMAN RESOURCES AND
ADMINISTRATION) POWER GENERATION CO.
LTD . BLOCK NO. 6 SHAKTI BHAWAN, RAMPUR
(MADHYA PRADESH)
6. CHIEF ENGINEER (GEN.) POWER GENERATION
CO. LTD. BIRSINGHPUR DISTT. UMARIA (MADHYA
PRADESH)
7. EXECUTIVE ENGINEER (HEAD QUAQRTER)
OFFICE OF CHIEF ENGINEER POWER
GENERATION CO. LTD. BIRSINGHPUR DISTT.
UMARIA (MADHYA PRADESH)
8. EXECUTIVE ENGINEER/ADDITIONAL CHIEF
ENGINEER (THC) MP POWER GENERATION CO.
Signature Not Verified LTD. SIRMOUR DISTT. REWA (MADHYA PRADESH)
SAN
Digitally signed by TRUPTI GUNJAL
Date: 2022.03.24 17:00:47 IST
.....RESPONDENTS
(BY SHRI AMIT PANDEY, LEARNED PANEL LAWYER, FOR THE
2
RESPONDENTS/STATE &
MS. RITIKA CHAUHAN, LEARNED COUNSEL FOR RESPONDENT
NOS.3 AND 5 TO 8)
Th is petition coming on for admission. this day, the court passed the
following:
ORDER
Heard finally with the consent of both the parties.
By filing this writ petition under Article 226 of the Constitution of India, the
challenge has been made to the orders dated 28.11.2013 (Annexure P-1),
11.12.2013 (Annexure P-2), 26.12.2013 (Annexure P-3) and 24.6.2017 (Annexure
P-4); whereby the respondents malafidely retired the petitioner prematurely on
attaining the age of 58 years; whereas the actual age of retirement of petitioner
would be effecting after attaining the age of 60 years.
Learned counsel for the petitioner submitted that the respondents invited
options whether the employee concerned desires to remain in service till attaining
the age of 60 years and the cut-off date to submit the same was 17.5.2012, but the
option form could not be submitted within 30 days, therefore, the claim of the
petitioner was rejected.
Learned counsel for the petitioner further submitted that the issue involved in
the present petition was subject-matter of Writ Appeal No.801/2016. Vide order
dated 13.7.2017 the writ appeal was finally decided and the orders passed by the
learned Single Judge were set aside. It was held that the petitioners, therein, would
be entitled to continue upto the age of 60 years and they shall be allowed to pay the
allowances for the intervening period.
Being aggrieved, the respondents preferred SLP No.25918/2017, which also
came to be dismissed vide order dated 18.12.2020. In view of the aforesaid, the
order passed in Writ Appeal No.801/2016 has attained finality.
The present petition, accordingly, stands allowed and disposed of on the
same terms as contained in order dated 13.07.2017 delivered in W.A.
No.801/2016. The directions contained therein shall apply mutatis mutandis to this
petition with full force.
Signature Not Verified
SAN
Digitally signed by TRUPTI GUNJAL
Date: 2022.03.24 17:00:47 IST However, the petitioner would also be entitled to pay the allowances for the
intervening period, which shall be paid to the petitioner within a period of three
months from the date of receipt of certified copy of the order.
Parties to act accordingly.
A copy of judgment delivered in W.A. No.801/2016 be placed in the record
of this petition.
(S. A. DHARMADHIKARI)
JUDGE
TG /-
Signature Not Verified
SAN
Digitally signed by TRUPTI GUNJAL
Date: 2022.03.24 17:00:47 IST
