M.P. Pakshim Kshetra Vidyut ... vs Sunil
2023 Latest Caselaw 2614 MP

     IN THE HIGH COURT OF MADHYA PRADESH
                       AT I N D O R E
                           BEFORE
         HON'BLE SHRI JUSTICE SUSHRUT ARVIND
                  DHARMADHIKARI
                              &
     HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA

               ON THE 13th OF FEBRUARY, 2023

                WRIT APPEAL No. 1914 of 2019

BETWEEN:-
   M.P. PASHCHIM KSHETRA VIDYUT VITRAN CO. LTD. GPH
1.
   COMPOUND, POLO GROUND, (MADHYA PRADESH)
   CHIEF GENERAL MANAGER, HUMAN RESOURCES AND
2. ADMINISTRATION DEPT., M.P. PASHCHIM KSHETRA VIDYUT
   VITRAN CO. LTD., POLO GROUND, INDORE (MADHYA PRADESH)
   EXECUTIVE DIRECTOR (INDORE REGION) M.P. PASHCHIM
3. KSHETRA VIDYUT VITRAN CO. LTD. G.P.H. COMPOUND
   POLOGROUND POLOGROUND , INDORE (MADHYA PRADESH)
                                               .....APPELLANTS
(SHRI PRASANNA PRASAD, ADVOCATE)

AND
   SUNIL S/O LATE SHRI VISHNUPANT PARULKAR, AGED ABOUT 58
1. YEARS, OCCUPATION: SERVICE 211/3, NANDA NAGAR, INDORE
   (MADHYA PRADESH)
   THROUGH PRINCIPAL SECRETARY, THE STATE OF MADHYA
2. PRADESH, MANTRALAYA, VALLABH BHAWAN, BHOPAL (MADHYA
   PRADESH)
                                             .....RESPONDENTS
(SHRI L.C. PATNE, ADVOCATE FOR RESPONDENT NO.1)
(SHRI AKASH SHARMA, GOVERNMENT ADVOCATE FOR RESPONDENT
NO.2/STATE)


      This appeal coming on for order this day, JUSTICE SUSHRUT
ARVIND DHARMADHIKARI passed the following:
                                    ORDER

The appellants have filed the present writ appeal under Section 2 M.P. Uchcha Nyayalaya Khandpith Ko Appeal Adhiniyam against order dated 24/07/2019 passed by the Writ Court in W.P. No.22432/2018, whereby the appellants company has been directed to continue the writ petitioner in service up to the age of 62 years. The aforesaid judgment has been passed by placing reliance over the judgment passed by this Court in the case of Narendra Kumar Joshi V/s. M.P. Power Transmission Co. Ltd. (W.P. No.3262/2016 decided on 21.3.2017).

Learned counsel for the appellants company fairly submits that against the aforesaid order 21.3.2017 W.A. No.369/2017 was filed and that was dismissed by the Division Bench of this Court vide order dated 29.8.2017 against which the appellant company approached the apex Court by way of SLP Nos.5593 - 5594/2018 and that too has been dismissed by the Apex Court. In view of the above, the view taken in the case of Narendra Kumar Joshi (supra) as well as in the present case is no more res integra. Even otherwise, the respondent/writ petition has now attained the age of 62 years and he has been retired from service vide order dated 30.11.2022. Therefore, nothing survives in this writ appeal.

Accordingly, this writ appeal is dismissed.

 (S.A. DHARMADHIKARI)                  (PRAKASH CHANDRA GUPTA)
          JUDGE                                 JUDGE

Aiyer*
Digitally signed by
JAGDISHAN AIYER
Date: 2023.02.15 14:18:19
+05'30'