Mangilal vs The State Of Madhya Pradesh
2022 Latest Caselaw 13410 MP

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                              IN THE HIGH COURT OF MADHYA PRADESH
                                            AT INDORE
                                                 BEFORE
                                    HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                    &
                              HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                                       ON THE 12th OF OCTOBER, 2022

                                   REVIEW PETITION No. 1088 of 2021

                           BETWEEN:-
                           MANGILAL S/O SHRI KUKA JI, AGED ABOUT 80
                           Y E A R S , OCCUPATION:   RETIRED   GRAM
                           CHANDASA       POST     GAROTH    (MADHYA
                           PRADESH)

                                                                         .....PETITIONER

                           (SHRI RAVINDRA PRAKASH JOSHI, LEARNED COUNSEL FOR
                           THE PETITIONER)


                           AND
                1.         THE STATE OF MADHYA PRADESH PRINCIPAL
                           SECRETARY VALLABH BHAWAN, BHOPAL
                           (MADHYA PRADESH)

                2.         EXECUTIVE  ENGINEER   PUBLIC   WORKS
                           DEPARTMENT DIVISION MANDSAUR (MADHYA
                           PRADESH)

                3.         SUB DIVISIONAL OFFFICER PUBLIC WORKS
                           D EPARTM EN T GAROTH DIST MANDSAUR
                           (MADHYA PRADESH)

                4.         JOINT DIRECTOR FUNDS AND ACCOUNTS
                           PENSION    (TREASURY) DISTRICT TREASURY
                           DIST UJJAIN (MADHYA PRADESH)

                5.         PENSION    OFFICER MANDSAUR     (MADHYA
                           PRADESH)

                6.     TREASURY        OFFICER MANDSAUR (MADHYA
Signature Not Verified PRADESH)
Signed by: JAGDISHAN
AIYER
Signing time: 10/14/2022                                               .....RESPONDENTS
11:06:49 AM
                           (SHRI ADITYA GARG, LEARNED GOVERNMENT ADVOCATE)
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                           Th is petition coming on for admission this day, JUSTICE VIVEK
               RUSIA passed the following :


                                                      ORDER

The present review petition is filed seeking review of the order dated 26/02/2020 whereby Division Bench of this Court has dismissed Writ Appeal No.449/2019 by placing reliance on the judgment passed by Full Bench of this Court in the case of Mamta Shukla vs. State of M.P. and others reported

in 2011 (3) MPLJ 210.

In the present review petition, petitioner was regularized on 01/09/1998 and after attaining the age of superannuation, retired from service w.e.f. 16/09/1999, therefore he rendered only one year of service after regularization.

Present review petition is filed relying on the judgment passed in the matter of Nanuram vs. State of M.P. in W.A. No.419/2019 on 05/10/2021 whereby the Division Bench has granted the benefit of pension.

In case of Nanuram (Supra) facts are entirely different as he was regularized in service on 01/01/1997 and thereafter retired on 31/12/2001. The Court has held that he deserves pension and other benefits, as he has rendered the qualifying service after regularization despite being Gangman, therefore, petitioner has no parity with the case of Nanuram (Supra). Hence no case for review is made out, accordingly this Review Petition stands dismissed. Signature Not Verified Signed by: JAGDISHAN AIYER Signing time: 10/14/2022 11:06:49 AM (VIVEK RUSIA) (AMAR NATH (KESHARWANI))

JUDGE JUDGE Aiyer

Signature Not Verified Signed by: JAGDISHAN AIYER Signing time: 10/14/2022 11:06:49 AM