Madhya Pradesh High Court
Smt. Krishna Mehta vs The State Of Madhya Pradesh on 6 September, 2022
Author: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 6th OF SEPTEMBER, 2022
WRIT PETITION No. 12227 of 2022
BETWEEN:-
ARJUN SINGH PARIHAR S/O LATE SHRI
PANCHAM SINGH PARIHAR, AGED ABOUT 54
Y E A R S , OCCUPATION: SERVICE 427,
HUKUMCHAND COLONY (MADHYA PRADESH)
.....PETITIONER
(SHRI AMIT RAJ, LEARNED COUNSEL FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY MINISTRY OF ENVIRONMENT,
VALLABH BHAWAN (MADHYA PRADESH)
2. MADHYA PRADESH POLLUTION CONTROL
BOARD, THROUGH ITS PRESIDENT
PARYAVARAN PARISAR, ARERA COLONY,
BHOPAL (MADHYA PRADESH)
3. REGIONAL OFFICER REGIONAL OFFICE,
MADHYA PRADESH POLLUTION CONTROL
BOARD, VIJAY NAGAR INDORE (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI SHREY RAJ SAXENA, LEARNED COUNSEL FOR THE
RESPONDENT [R-3])
WRIT PETITION No. 19598 of 2022
BETWEEN:-
SMT. KRISHNA MEHTA W/O SHRI ANIL MEHTA,
AGED ABOUT 59 YEARS, OCCUPATION:
SERVICE C-140, BAKHTAWAR RAM NAGAR,
NEAR TILAK NAGAR (MADHYA PRADESH)
.....PETITIONER
(SHRI VIVEK NAGAR, LEARNED COUNSEL FOR THE
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 9/6/2022
4:55:07 PM
2
PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY VALLABH BHAWAN DISTRICT
BHOAPL (MADHYA PRADESH)
2. STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY GENERAL
ADMINISTRATIVE DEPARTMENT VALLABH
BHAVAN BHOPAL M.P. (MADHYA PRADESH)
3. MADHYA PRADESH POLLUTION CONTROL
B O A R D THROUGH ITS ADMINISTRATIVE
OFFICER PARYAVARAN PARISAR, E-5, ARERA
COLONY, DISTRICT INDORE. (MADHYA
PRADESH)
4. REGIONAL OFFICER REGIONAL OFFICE,
MADHYA PRADESH POLLUTION CONTROL
B O A R D VIJAY NAGAR, INDORE (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI SHREY RAJ SAXENA APPEARING ON BEHALF OF
ADVOCATE GENERAL)
WRIT PETITION No. 19600 of 2022
BETWEEN:-
SMT. AASHA RATHORE W/O SHRI VIJAY SINGH
RATHORE, AGED ABOUT 59 YEARS,
OCCUPATION: SERVICE R/O 408, BLOCK A
SAMRIDDHI APARTMENT GANDHI NAGAR
NEAR GOMTI NAGAR JAMBURDI HAPSI
(MADHYA PRADESH)
.....PETITIONER
(SHRI VIVEK NAGAR, LEARNED COUNSEL FOR THE
PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY VALLABH BHAWAN DISTRICT
BHOAPL (MADHYA PRADESH)
2. STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY GENERAL
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 9/6/2022
4:55:07 PM
3
ADMINISTRATIVE DEPARTMENT VALLABH
BHAWAN DISTRICT BHOAPL (MADHYA
PRADESH)
3. MADHYA PRADESH POLLUTION CONTROL
BOARD, THROUGH ITS ADMINISTRATIVE
OFFICER PARYAVARAN PARISAR, E-5, ARERA
COLONY, DISTRICT INDORE. (MADHYA
PRADESH)
4. REGIONAL OFFICER REGIONAL OFFICE,
MADHYA PRADESH POLLUTION CONTROL
BOARD, VIJAY NAGAR, DISTRICT INDORE.
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI SHREY RAJ SAXENA APPEARING ON BEHALF OF
ADVOCATE GENERAL)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
In the instant petition, a challenge has been made to the order of
compulsory retirement under the provisions of Rule 42(1)(b) of the MP Civil
Services (Pension) Rules, 1976.
Learned counsel for the petitioner submits that the issue raised in the
present case that there is no provision for compulsory retirement in the
establishment of MP Pollution Control Board has already been answered by the
co-ordinate bench of this Court at Principal Seat in WP No.12230/2022
(Anoop Kumar Shrivastava Vs. State of MP and Ors).
A copy of the said judgment was supplied to the learned counsel for the
respondent to examine the same and to make submission before this court.
Learned counsel for the respondent submits that the judgment passed by
the co-ordinate bench of this Court in the case of Anoop (supra) covers the
issue involved in the present case also and the petition may be disposed off in
terms of the said order.
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 9/6/2022
4:55:07 PM
The operative part of the order passed in the said case reads as under :-
"Thus, in the considered view of this Court, the
order impugned dated 19.05.2022 (Annexure P/1)
deserves to be and is accordingly quashed. The
petitioner shall be reinstated back in service, if
relieved pursuant to impugned order, will all
consequential benefits. However, this order will
not come in a way of respondent/Board to proceed
afresh if so advised while taking recourse to the
other statutory provisions.
Accordingly, the petition stands allowed to the
extent indicated hereinabove."
In view of the aforesaid, the present petition also stands disposed off
and the order passed in the case of Ano o p (supra) shall apply mutatis
mutandis in the present case.
(VIJAY KUMAR SHUKLA)
JUDGE
Sourabh
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 9/6/2022
4:55:07 PM
