Sunil Shrivastava vs The State Of Madhya Pradesh
2022 Latest Caselaw 12111 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                            BEFORE
                                            HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                 ON THE 12th OF SEPTEMBER, 2022

                                              WRIT PETITION No. 20671 of 2022

                                   BETWEEN:-
                                   SUNIL SHRIVASTAVA S/O SHRI SIYASARAM
                                   SHRIVASTAVA, AGED ABOUT 61 YEARS,
                                   OCCUPATION: SERVICE 59, VANDANA NAGAR
                                   MAIN, INDORE (MADHYA PRADESH)

                                                                                       .....PETITIONER
                                   (BY SHRI L.C. PATNE, ADVOCATE)

                                   AND
                           1.      THE STATE OF MADHYA PRADESH SECRETARY
                                   DEPARTMENT OF NRED AND ENVIRONMENT
                                   VALLABH BHAWAN MANTRALAYA BHOPAL
                                   (MADHYA PRADESH)

                           2.      THE M.P. POLLUTION CONTROL BOARD,
                                   THROUGH ITS CHAIRMAN E 5 ARERA COLONY,
                                   PARYAVARAN PARISAR, DISTRICT BHOPAL
                                   (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                                   (BY SHRI S.R. SAXENA, DY. ADVOCATE GENERAL)

                                 This petition coming on for admission/orders this day, the court 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 Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 12-09-2022 18:19:11

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.

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 with a direction that the order passed in the case of Anoop (supra) shall apply mutatis mutandis in the present case also.

(SUBODH ABHYANKAR) JUDGE krjoshi

Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 12-09-2022 18:19:11