Citation : 2023 Latest Caselaw 3339 MP
Judgement Date : 23 February, 2023
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 23 rd OF FEBRUARY, 2023
WRIT PETITION No. 4573 of 2023
BETWEEN:-
1. JANAK SINGH NARWARIYA S/O LATE SHRI
BHIKHARI SINGH NARWARIYA, AGED ABOUT 74
YEAR S , OCCUPATION: PENSIONER ( RETIRED
UPPER DIVISION TEACHER FROM GOVT. MIDDLE
SCHOOL BARKAPURA, TEHSIL GORMI, BLOCK
MEHGAON, DISTRICT BHIND, R/O VILLAGE
RAUPURA TEHSIL GORMI BLOCK MEHGAON
BHIND (MADHYA PRADESH)
2. RAGHURAJ SINGH RAJPOOT (NARWARIYA) AND
NOMIEE LATE SHRI AMAR SINGH NARWARIYA
(SHRI AMAR SIGH NARWARIYA) S/O LT SHRI
OMKAR SINGH NARWARIYA, AGED ABOUT 43
YEARS, OCCUPATION: GOVT. SERVANT WHO WAS
DIED ON 6-9-2013 AT THE TIME OF DEATH HE WAS
IN SERVICE RETIRED UPPER DIVISION TEACHER
FROM GOVT. PRIMARY SCHOOL KALYANPURA
TEHSIL GORMI BLOCK MEHGAON DIST. BHIND
SANKUL KENDRA GOVT. HIGHER SECONDARY
SCHOOL GORMI BLOCK MEHGAON DIST. BHIND
D.D.O. BLOCK EDUCATION OFFICER MEHGAON
DIST BHIND AT (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI NIRAJ SHRIVASTAVA - ADVOCATE )
AND
1. STATE OF MADHYA PRADESH, PRINCIPAL
SECRETARY, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. THE DISTICT EDUCATION OFFICER, BHIND,
DISTRICT EDUCATION OFFICER, OFFICE BHIND
(MADHYA PRADESH)
3. THE DIVISIONAL JOINT DIRECTOR, TREASURY
AND ACCOUNT GWALIOR AND CHAMBAL
DIVISON, RAJASWA BHAWAN NEAR NEAR
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 24-Feb-23
6:38:25 PM
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POLYTECHNIC COLLEGE JHNASI ROAD (MADHYA
PRADESH)
4. DISTRICT TREASURY OFFICER, DISTICT
TREASURY OFFICE BHIND (MADHYA PRADESH)
5. THE DISTICT PENSION OFFICER, DISTRICT
PENSION OFFICE, BHIND (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ROHIT SHRIVASTAVA - PANEL LAWYER FOR THE
RESPONDENTS/STATE.)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Learned counsel for the petitioners submits that this matter is covered by
the judgment delivered by this Court in Smt. Prerna Vs. State of M.P.& Others, {W.P.6773/06 (s)} . He submits that the petitioners intends to prefer representation, which may be directed to be decided expeditiously by respondents No. 2 to 5.
I n absence of any opposition, the petition is disposed of without expressing any opinion on the merits of the case with the direction to the petitioners to file representation along with copy of this order before respondents No. 2 to 5. In turn, the said respondents shall consider and decide the same by passing a reasoned and speaking order within three months therefrom in accordance with rules by taking into account the judgment in Prerna's case and examine whether the petitioners are similarly situated or not. If the said authorities come to the conclusion that the petitioners are similarly situated, the same benefit be extended in favour of the present petitioners also within the same time.
With the aforesaid directions, the petition stands disposed of. Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 24-Feb-23 6:38:25 PM
E-copy/certified copy as per rules.
(MILIND RAMESH PHADKE) JUDGE Chandni
Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 24-Feb-23 6:38:25 PM
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