Krishna Kumar Choubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 5637 MP

                                                                  1
                                   IN    THE      HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                             BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                       ON THE 6 th OF APRIL, 2023
                                                    WRIT PETITION No. 11485 of 2018

                                  BETWEEN:-
                                  KRISHNA KUMAR CHOUBEY S/O LATE BIHARI LAL
                                  CHOUBEY OCCUPATION: STATE GOVT. SERVANT,
                                  SAMYAPAL (TIME KEEPER) BEFORE R/3, R/O H.NO. 490,
                                  KAMANIYA GATE, BADA MAIDAN, BEHIND BADKU
                                  HALWAI, DISTT. JABALPUR (MADHYA PRADESH)

                                                                                             .....PETITIONER
                                  (BY SHRI VIVEK SHUKLA - ADVOCATE)

                                  AND
                                  1.    THE STATE OF MADHYA PRADESH THR.
                                        SECRETARY MINISTRY OF DEPARTMENT OF
                                        NARMADA GHATI DEVELOPMENT VALLABH
                                        BHAWAN, BHOPAL (MADHYA PRADESH)

                                  2.    ADDITIONAL   CHIEF  SECRETARY,  M.P.
                                        GOVERNMENT FINANCE DEPARTMENT BHOPAL
                                        (MADHYA PRADESH)

                                  3.    COMMISSIONER (FINANCE) KOSH AVEM LEKHA
                                        BHOPAL (MADHYA PRADESH)

                                  4.    CHIEF ENGINEER, UPPER NARMADA ZONE
                                        BARGI HILLS JABALPUR (MADHYA PRADESH)

                                  5.    EXECUTIVE    ENGINEER,     DAI TAAT NAHAR,
                                        SAMBHAG      KRAMANK-       1, KATNI (MADHYA
                                        PRADESH)

                                                                                          .....RESPONDENTS
                                  (BY SHRI SOURABH SONI - PANEL LAWYER)

Signature Not Verified
  SAN                                   This petition coming on for admission this day, th e court passed the
Digitally signed by TULSA SINGH
Date: 2023.04.06 19:33:07 IST
                                  following:
                                                                   ORDER

Shri Shukla, learned counsel for the petitioner submits that petitioner is not claiming parity with the judgment of Coordinate Bench of this Court in the case of A.L. Thakur and others Vs. The State of M.P. and others (W.P. No.16054/2003) (Annexure-P/4), however, claiming parity with the order (Annexure-P/6) issued in favour of six other persons who were also working as Time Keeper. Petitioner's contention is that since he was working as Time Keeper, therefore, respondents may be directed to decide his case on the basis of parity with other persons in whose favour order dated 19/07/2017 (Annexure-P/5) is passed by the Chief Engineer, Upper Narmada Zone, Jabalpur.

Without commenting on merits this petition can be disposed of that in case petitioner files a fresh representation to the Chief Engineer, Upper Narmada Zone, Jabalpur, then the said authority shall consider the case of the petitioner and if it is found to be at par with Shri Balmukund Dubey and others in whose favour order dated 19/7/2017 is issued, then shall decide the representation in accordance with law.

Let representation be made along with copy of the writ petition and the order being passed today within a period within 15 days from today which shall be decided by the concerned Chief Engineer within further period of 60 days through speaking order.

It is made clear that this Court has not expressed any opinion on the merits of the case.

In above terms, this petition is disposed of.

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.04.06 19:33:07 IST

(VIVEK AGARWAL)

JUDGE ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.04.06 19:33:07 IST