Rajendra Prasad Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 5727 MP

                                                                     1
                                   IN    THE       HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                             BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                         ON THE 10 th OF APRIL, 2023
                                                      WRIT PETITION No. 7530 of 2023

                                  BETWEEN:-
                                  RAJENDRA PRASAD DUBEY S/O KAUSHAL PRASAD
                                  DUBEY, AGED ABOUT 60 YEARS, OCCUPATION:
                                  RETIRED SECTION WRITER, TEHSIL OFFICE MOUGANJ
                                  DISTRICT REWA R/O GRAM MANIKWAR NO.2, THANA
                                  AND TEHSIL MOWGAON, DISTRICT REWA (MADHYA
                                  PRADESH)

                                                                                                   .....PETITIONER
                                  (BY SHRI C.P. DWIVEDI - ADVOCATE)

                                  AND
                                  1.    THE STATE OF MADHYA PRADESH THROUGH
                                        THE SECRETARY, REVENUE DEPARTMENT
                                        VALLABH BHAWNA BHOPAL (MADHYA PRADESH)

                                  2.    THE CHIEF REVENUE COMMISSIONER BHOPAL
                                        DISTRICT BHOPAL (MADHYA PRADESH)

                                  3.    THE   COLLECTOR           REWA DISTRICT        REWA
                                        (MADHYA PRADESH)

                                  4.    THE SUB DIVISIONAL OFFICER SUB DIVISION
                                        MOUGANJ DISTRICT REWA (MADHYA PRADESH)

                                  5.    THE TEHSILDAR TEHSIL MOUGANJ DISTRICT
                                        REWA (MADHYA PRADESH)

                                                                                                .....RESPONDENTS
                                  (BY SHRI MANAS MANI VERMA - GOVT. ADVOCATE)

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

Date: 2023.04.10 19:01:16 IST

Petitioner's grievance is that petitioner is a daily rated employee and he is

being superannuated on completion of 60 years of age. He is entitled to enhanced age of 62 years.

This issue in regard to entitlement of daily wagers to enhance age of superannuation is already dealt with by this Court in W.P. No.3299/2019 (Jakir Ali Vs. The State of M.P. and others) decided on 5th April, 2023 and this Court has rejected the contention of the daily wagers that they are entitled to the benefit of Madhya Pradesh Shaskiya Sewak (Ardhwarshiki Aayu) Sansodhan Adhiniyam, 2018. Therefore, the petitioner to being a daily wager will not be entitled to the benefit of enhanced age as fundamental rules are not applicable to daily wagers. Thus, the said judgment in W.P. No.3299/2019

shall apply mutatis mutandis on the facts and circumstances of this case.

Accordingly, this writ petition is dismissed as not maintainable. At this stage Shri C.P. Dwivedi, learned counsel for the petitioner, appears and prays for withdrawal of the writ petition.

He is allowed to withdraw the writ petition with no further liberty.

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.04.10 19:01:16 IST