Ramakant Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 14002 MP

                                                                 1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                                ON THE 25 th OF AUGUST, 2023
                                              WRIT PETITION No. 24080 of 2021

                          BETWEEN:-
                          RAMAKANT DUBEY S/O SHRI HARINARAYAN DUBEY,
                          AGED ABOUT 65 YEARS, OCCUPATION: RETD. FROM
                          ARRICATION DEPT. PRESENT RESIDENT OF GALI NO. 1
                          CHANMARI ROAD HANUMAN MANDIR KE SAMNE
                          DHAWARI SATNA (MADHYA PRADESH)

                                                                                          .....PETITIONER
                          (NONE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THR.
                                PRINCIPAL SECRETARY WATER RESOURCES
                                DEPT. VALLABH BHAWAN BHOPAL (MADHYA
                                PRADESH)

                          2.    ENGINEER IN CHIEF WATER RESOURCE
                                DEPARTMENT BHOPAL (MADHYA PRADESH)

                          3.    EXECUTIVE ENGINEER WATER RESOURCE
                                DEPARTMENT SATNA (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI LALIT JOGLEKAR - GOVERNMENT ADVOCATE)

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

Petitioner has preferred this petition under Article 226 of the Constitution of India seeking following reliefs:-

1. That looking to the fact of the case the instant petition may kindly be disposed off in the light of order passed in Annexure Signature Not Verified P/3.

Signed by: ARVIND KUMAR MISHRA Signing time: 8/26/2023 12:59:07 PM

2. That any other writ order or direction be also issued which is deemed just and proper in the facts and circumstances of the case.

From the pleadings it appears that petitioner is seeking counting of its service as daily wager between 1982 to 1988 for the purpose of pension. Petitioner relied upon the order dated 16.12.2010 passed in W.P. No. 16878/2010 (Sudama Prasad Pandey Vs. State of M.P. & others) as well as order dated 20.08.2017 passed in W.P. No. 17532/2016 (Rajkumar Shukla Vs. The State of Madhya Pradesh) and seeks parity.

Learned counsel for respondent-State opposed the prayer and prays for dismissal of the petition on the ground of delay.

Considering the submission figured in writ petition and the arguments advanced by respondent counsel, if appears that petitioner intends to include the period served as daily wager for pensionary benefit in the light of the judgment passed by this Court in the case of Sudama Prasad Pandey (supra).

Without commenting or making any expression on merits of the case, this case is disposed of with a direction to the petitioner to prefer a representation in which he shall include all his grievances as per law and relevant judgments passed by this Court as well as Hon'ble Supreme Court from time to time and if any representation is preferred, then the authority shall consider and decide the same in the light of the judgment of this Court as well as Hon'ble Supreme Court from time to time relied upon by the petitioner and if petitioner finds eligible then benefit be extended, otherwise a reasoned order shall by passed rejecting the representation of the petitioner in due intimation to the petitioner.

It is made clear that if petitioner finds entitled for benefits then he shall not be awarded any interest for the period after retirement till realization Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 8/26/2023 12:59:07 PM

because petitioner approached this Court belatedly.

Petition is disposed of accordingly.

(ANAND PATHAK) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 8/26/2023 12:59:07 PM