Smt.Mamta Shukla vs The State Of Madhya Pradesh
2022 Latest Caselaw 6570 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                  BEFORE
                      HON'BLE SHRI JUSTICE ROHIT ARYA
                            ON THE 2nd OF MAY, 2022

                     WRIT PETITION No. 2902 of 2009

        Between:-
        SMT.MAMTA SHUKLA, W/O SHRI RAJKUMAR
        SHUKLA, AGED 41 YEARS APPROXIMATELY,
        OCCUPATION: HOUSE-WIFE, R/O MUDIAN KA KUA,
        DATIA (M.P.)

                                                                  .....PETITIONER
        (SHRI M.K.SHARMA, ADVOCATE FOR THE PETITIONER )

        AND

1.      STATE OF MADHYA PRADESH THROUGH
        PRINCIPAL SECRETARY,  DEPARTMENT OF
        WATER RESOURCES, MANTRALAYA, BALLABH
        BHAWAN, ARERA, HILLS, BHOPAL (M.P.) PIN
        462004.

2.      THE SUPERINTENDING ENGINEER, RAJGHAT
        CANAL PROJECT, DATIA, DIVISION DATIA (M.P.).

3.      THE EXECUTIVE ENGINEER (E&M) DIVISION
        SHIVPURI (M.P.).

4.      THE JOINT DIRECTOR, TREASURY & ACCOUNT &
        PENSION, MOTIMAHAL, GWALIOR (M.P.).

5.      THE SUB-DIVISIONAL OFFICER, SINDH PROJECT
        (E&M), SUB DIVISION NO.3, KARERA SHIVPURI
        (M.P.).

                                                               .....RESPONDENTS
        (SHRI NEELESH SINGH TOMAR, GOVERNMENT ADVOCATE FOR
        THE RESPONDENTS/STATE)
                                     ORDER

Learned counsel for the petitioner submits that the controversy involved in this case stands settled by the order of the Division Bench of this Court passed on 29.03.2022 in Writ Appeal No.1693/2019. The order so passed is self contained and explanatory. Hence, he claims parity in the matter of payment of family pension and death cum gratuity.

Shri Neelesh Singh Tomar, learned Government Advocate appearing for the respondents/State submits that the petitioner may be directed to file a representation and the same shall be decided by the authority keeping in mind the judgment rendered by the Division Bench.

The suggestion appears to be reasonable. Accordingly, Writ Petition stands disposed of with the direction to the petitioner to file a representation within one week from today. The respondents No.4 and 5 shall advert to the same with due regard to the judgment rendered by

the Division Bench in the matter of grant of family pension and death cum gratuity to the petitioner within four weeks therefrom without fail as the writ petition is of the year 2009.

Certified copy as per rules.

(ROHIT ARYA) JUDGE SP SANJEEV KUMAR PHANSE 2022.05.04 17:58:17 +05'30'