Rajendra Prasad Choubey vs The State Of Madhya Pradesh
2022 Latest Caselaw 15445 MP

                                                     1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                           ON THE 23rd OF NOVEMBER, 2022

                                        WRIT PETITION No. 26476 of 2022

                                BETWEEN:-
                           1.   RAJENDRA PRASAD CHOUBEY S/O LATE SHRI
                                ROHINI PRASAD CHOUBEY, AGED ABOUT 69
                                YEARS, OCCUPATION: EX SERVICEMAN 954/2
                                NEW SHASTRI NAGAR RAJESH CHOWK NEAR
                                DURGA TEMPLE GARHA JABALPUR (MADHYA
                                PRADESH)

                           2.   VINOD KUMAR SONI S/O SHRI T.R. SONI, AGED
                                ABOUT 66 YEARS, R/O PLOT NO. 30 BEHIND
                                MAA REVA COLONY SANT ASHARAM BABU
                                ASHARAM LAMHETA ROAD CHOUWKITAL
                                JABALPUR (MADHYA PRADESH)

                           3.   ST. NEELAM KAUSHIK W/O SHRI N.S.KAUSHIK,
                                AGED    ABOUT   62  YEARS, OCCUPATION:
                                RETIRED EMPLOYEE R/O H.NO. 1263/92 PREM
                                NAGAR MADAN MAHAL, JABALPUR (MADHYA
                                PRADESH)

                                                                             .....PETITIONERS
                                (BY SHRI SUNIL CHOUBEY - ADVOCATE)

                                AND
                           1.   THE STATE OF MADHYA PRADESH THROUGH
                                ITS PRINCIPAL SECRETARY DEPARTMENT OF
                                WATER RESOURCES VALLABH, BHAWAN
                                BHOPAL (MADHYA PRADESH)

                           2.   THE CHIEF ENGINEER RANI AWANTI BAI
                                SAGAR    PROJECT BARHI HILLS JABALPUR,
                                DISTRICT JABALPUR (MADHYA PRADESH)

                           3.   THE DEPUTY DIRECTOR PENSION AND
                                ACCOUNTS DIVISIONAL OFFICE NEAR HEAD
                                POST OFFICE,   CIVIL LINES,  DISTRICT
                                JABALPUR (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                                (BY MS. SWETA YADAV - GOVT. ADVOCATE)
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 11/24/2022
5:27:05 PM
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                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

Petitioners have filed this petition under Article 226 of the Constitution of India making a prayer that respondents authorities be directed to consider the representations filed by petitioners for considering their past services for purposes of pension and other benefits.

Counsel appearing for petitioners submitted that petitioners have filed a representation which is pending and has not been decided. Counsel for petitioners further submitted that this Court vide order dated 29.08.2022 in

W.P. No.28069/2018 has remanded the matter back to the respondent No.2 to consider the judgment of this Court passed in W.P. No.16878/2010 (Sudama Prasad Pandey Vs. State of M.P. & others) and thereafter decide representation afresh.

Government Advocate appearing for respondents/State submitted that representation filed by petitioners shall be considered as per direction given by this Court in W.P. No.16878/2010.

Heard the counsel for the parties.

Considering the aforesaid submission, writ petition filed by petitioners is disposed off directing competent authority/respondent No.2 to consider the representation of petitioners in accordance with law and also taking into consideration the judgment dated 16.12.2010 passed by this Court in W.P. No.16878/2010 (Sudama Prasad Pandey Vs. State of M.P. & others) within a period of 90 days from the date of receipt of certified copy of the order passed today and communicate the order to petitioners.

Petitioners are also directed to file fresh representation along with Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 11/24/2022 5:27:05 PM

certified copy of this order and copy of judgment passed in case of Sudama Prasad Pandey (supra) before competent authority.

No opinion is expressed on the merits of the case. With the aforesaid directions, writ petition is disposed off. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE sp/-

Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 11/24/2022 5:27:05 PM