Dagadulal Thakur vs The State Of Madhya Pradesh
2023 Latest Caselaw 3152 MP

                                                                         1
                                        IN     THE      HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                          ON THE 21 st OF FEBRUARY, 2023
                                                           WRIT PETITION No. 5467 of 2016

                                       BETWEEN:-
                                       DAGADULAL THAKUR S/O SHRI DHYAN SINGH
                                       THAKUR, AGED ABOUT 56 YEARS, OCCUPATION: PEON
                                       IN GOVT. EXCELLENCE HIGHER SEC. SCHOOL
                                       HARSOOD TAH- HARSOOD KHANDWA KHANDWA
                                       (MADHYA PRADESH)

                                                                                                      .....PETITIONER
                                       (BY SHRI ASHOK GUPTA - ADVOCATE)

                                       AND
                                       1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                             PRINCIPAL SECRETARY SECRETARY EDUCATION
                                             DEPT. VALLABH BHAWAN BHOPAL (MADHYA
                                             PRADESH)

                                       2.    DISTRICT EDUCATION OFFICER EAST NIWAD
                                             DISTT. KHANDWA (MADHYA PRADESH)

                                       3.    PRINCIPAL GOVT. EXCELLENCE HIGHER SEC.
                                             SCHOOL HARSOOD DISTT. KHANDWA (MADHYA
                                             PRADESH)

                                                                                                   .....RESPONDENTS
                                       (BY SHRI SHIVAM HAZARE - PANEL LAWYER)

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

Shri Ahsok Gupta prays for withdrawal of relief Clause -I. He only

Signature Not Verified SAN submits that he is seeking benefit of Krammonati in the light of the judgment of

Digitally signed by MOHD TABISH KHAN Date: 2023.02.22 19:22:16 IST this High Court in Teju Lal Yadav Vs. State of Madhya Pradesh and Ors.,

ILR (2009) MP 1326 decided on 23.01.2009. It is submitted that in light of the said decision, W.P. No.461/2018 (Gendalal and Ors. Vs. The State of Madhya Pradesh and Ors) is decided by the High Court of Madhya Pradesh, Bench at Indore.

Shri Shivam Hazare submits that this relief of grant of Krammonati in the light of the law laid down by the Coordinate Bench in Gendalal and Ors (supra) can be extended in favour of the petitioner.

Accordingly, this writ petition can be disposed of with a direction that in case petitioner files a fresh representation within a period of fifteen days from today alongwith copy of the writ petition and its Annexures so also copy of the

order being passed today before competent authority, then same shall be considered and decided by the competent authority within a further period of sixty days in light of the order of the Coordinate Bench in W.P. No.461/2018 (Gendalal and Ors. Vs. The State of Madhya Pradesh and Ors) and shall apply mutatis mutandis to the facts and circumstances of the present case.

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

In above terms, this writ petition is disposed of.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2023.02.22 19:22:16 IST