Sanjeev Kumar Saxena vs The State Of Madhya Pradesh
2023 Latest Caselaw 6665 MP

                                                                    1
                                         IN    THE    HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                 BEFORE
                                                   HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                          ON THE 25 th OF APRIL, 2023
                                                        WRIT PETITION No. 4101 of 2022

                                        BETWEEN:-
                                        NAIMULLAH KHAN S/O LATE SHRI SHUKRULLAH
                                        KHAN, AGED ABOUT 62 YEARS, OCCUPATION: READER
                                        R/O HOUSE NO. 612 PHOOL MAHAL STREET QUDSIA
                                        PARK RETGHAT BHOPAL M.P. (MADHYA PRADESH)

                                                                                           .....PETITIONER
                                        (BY SHRI SANJAY K. AGRAWAL - ADVOCATE)

                                        AND
                                        1.    THE STATE OF MADHYA PRADESH THROUGH
                                              THE    ADDITIONAL     CHIEF  SECRETARY
                                              DEPARTMENT OF BHOPAL GAS TRAGEDY RELIEF
                                              AND      REHABILITATION     DEPARTMENT
                                              MANTRALAYA VALLABH BHAWAN BHOPAL MP
                                              (MADHYA PRADESH)

                                        2.    DIRECTOR GAS RELIEF AND REHABILITATION
                                              BHOPAL DISTRICT BHOPAL M.P. (MADHYA
                                              PRADESH)

                                        3.    THE STATE OF M.P. THROUGH THE PRINCIPAL
                                              SECRETARY   DEPARTMENT    OF   FINANCE
                                              GOVERNMENT OF M.P. VALLABH BHAWAN
                                              BHOPAL DISTRICT BHOPAL M.P. (MADHYA
                                              PRADESH)

                                        4.    THE  JOINT   DIRECTOR  TREASURY AND
                                              ACCOUNTANT PENSION GOVERNMENT OF M.P.
                                              BHOPAL DISTRICT BHOPAL (M.P.) (MADHYA
                                              PRADESH)

                                                                                         .....RESPONDENTS

Signature Not Verified (BY SHRI ROHIT JAIN - GOVERNMENT ADVOCATE) SAN

Digitally signed by ASHWANI PRAJAPATI WRIT PETITION No. 4110 of 2022 Date: 2023.04.25 17:08:30 IST

BETWEEN:-

SANJEEV KUMAR SAXENA S/O LATE SHRI R.S. SAXENA, AGED ABOUT 55 YEARS, OCCUPATION: STENOGRAPHER R/O 448 KALPANA NAGAR RAISEN ROAD PIPLANI BHOPAL DISTRICT BHOPAL M.P. (MADHYA PRADESH)

.....PETITIONER (BY SHRI SANJAY K. AGRAWAL - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF BHOPAL GAS TRAGEDY RELIEF AND REHABILITATION DEPARTMENT GOVERNMENT OF MADHYA PRADESH MANTRALAYA VALLABH BHAWAN BHOPAL MP (MADHYA PRADESH)

2. DIRECTOR GAS RELIEF AND REHABILITATION DISTRICT BHOPAL M.P. (MADHYA PRADESH)

3. THE STATE OF M.P. THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF FINANCE GOVERNMENT OF M.P. VALLABH BHAWAN BHOPAL DISTRICT BHOPAL M.P. (MADHYA PRADESH)

4. THE JOINT DIRECTOR TREASURY AND ACCOUNTANT PENSION GOVERNMENT OF M.P. BHOPAL DISTRICT BHOPAL (M.P.) (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ROHIT JAIN - GOVERNMENT ADVOCATE)

WRIT PETITION No. 563 of 2023

BETWEEN:-

SMT. PURNIMA NAIDU W/O SHRI A. P. NAIDU, AGED ABOUT 61 YEARS, OCCUPATION: READER R/O E-7/383, MITRA MANDAL SOCIETY, ARERA COLONY NEAR 1100 Signature Not Verified SAN QUARTERS HANUMAN MANDIR, BHIOPAL DISTRICT BHOPAL (MADHYA PRADESH) Digitally signed by ASHWANI PRAJAPATI Date: 2023.04.25 17:08:30 IST

.....PETITIONER

(BY SHRI SANJAY K. AGRAWAL - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF BHOPAL GAS TRAGEDY RELIEF AND REHABILITATION DEPARTMENT GOVERNMENT OF MADHYA PRADESH MANTRALAYA VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. DIRECTOR, GAS RELIEF AND REHABILITATION BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

3. THE STATE OF MADHYA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, GOVT. OF M.P. VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

4. THE JOINT DIRECTOR, TREASURY, ACCOUNT AND PENSION, GOVT OF MP BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ROHIT JAIN - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, th e court passed the following:

ORDER Petitioners' contention is that their case is squarely covered by the decision dated 22.08.2022, passed in Writ Petition No.13876/2014, wherein placing reliance on the judgment of this High Court in Narendra Pratap Singh Vs. State of Madhya Pradesh [2014 (2) MPLJ 210] and then Single Judge

decision of Gujrat High Court in Talsibhai Dhanjibhai Patel Vs. State of Gujrat, which is affirmed by Hon'ble Supreme Court in a petition for Special Leave to Appeal (C) No.1109/2022 (State of Gujrat and others Vs. Talsibhai

Signature Not Verified Dhanjibhai Patel), it is submitted that orders passed by the Coordinate Bench SAN

Digitally signed by ASHWANI PRAJAPATI shall apply mutatis mutandis to the facts of the present cases also. Date: 2023.04.25 17:08:30 IST

This question is not disputed by Shri V.John, Advocate.

Accordingly, these petitions are disposed off in the same terms and it is held that order of Coordinate Bench dated 22.08.2022, passed in Writ Petition No.13876/2014, shall apply mutatis mutandis to the facts of the present cases also.

In above terms, petitions are disposed off.

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2023.04.25 17:08:30 IST