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Ramesh Chand Malviya vs The State Of Madhya Pradesh
2023 Latest Caselaw 497 MP

Citation : 2023 Latest Caselaw 497 MP
Judgement Date : 9 January, 2023

Madhya Pradesh High Court
Ramesh Chand Malviya vs The State Of Madhya Pradesh on 9 January, 2023
Author: Vivek Agarwal
                                                             1
                                   IN    THE    HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                   ON THE 9 th OF JANUARY, 2023
                                                   WRIT PETITION No. 570 of 2023

                                  BETWEEN:-
                                  RAMESH CHAND MALVIYA S/O SHRI SIRDAR
                                  MALVIYA, AGED ABOUT 71 YEARS, OCCUPATION: RET.
                                  UPPER DIVISION TEACHER GOVT. MIDDLE SCHOOL
                                  BACHAWANI SANKUL GOVT. UCHCHTER MIDDLE
                                  SCHOOL BAKHEDI, DISTRICT NARAMDAPURAM
                                  (MADHYA PRADESH)

                                                                                     .....PETITIONER
                                  (BY SHRI SACHINDRA KUMAR RAGHUWANSHI - ADVOCATE)

                                  AND
                                  1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                        COMMISSIONER,     PUBLIC    INSTRUCTION,
                                        VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                                  2.    THE JOINT DIRECTOR, PENSIONS, ACCOUNTS
                                        AND TREASURY, DIVISIONAL OFFICE, BHOPAL
                                        (MADHYA PRADESH)

                                  3.    THE JOINT DIRECTOR ACCOUNT AND TREASURY
                                        (PENSION)    DIVISIONAL  OFFICER BHOPAL
                                        (MADHYA PRADESH)

                                  4.    DISTRICT       TREASURY      OFFICER,
                                        NARM ADAPURAM DISTRICT NARMADAPURAM
                                        (MADHYA PRADESH)

                                  5.    THE   DISTRICT   EDUCATION   OFFICER
                                        NARM ADAPURAM DISTRICT NARMADAPURAM
                                        (MADHYA PRADESH)

                                  6.    THE    PRINCIPAL,  SANKUL, GOVT. TEGOR
Signature Not Verified
                                        UCHCHTER    MIDDLE   SCHOOL    BANKHEDI
  SAN
                                        DISTRICT     NARMADAPURAM       (MADHYA
                                        PRADESH)
Digitally signed by TULSA SINGH
Date: 2023.01.10 10:30:12 IST
                                                                     2
                                                                                             .....RESPONDENTS
                                  (BY SHRI SHIV KUMAR SHRIVASTAVA - GOVT. ADVOCATE)

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

Learned counsel for the petitioners at the outset submits that the controversy involved in the matter is finally decided by this Court in Writ Petition No. 6773/2006 (Prerna vs. State of MP), decided at Indore Bench. Petitioners submit that they intend to prefer representation, which may be directed to be decided by the respondents, in the light of the judgment in Prerna's case (supra), within a stipulated time.

The aforesaid innocuous relief prayed for is not opposed by learned Government Advocate appearing for the respondents.

Accordingly, without expressing any opinion on the merits and entitlement of the petitioners, this petition is disposed of with the following directions:

(1) The petitioners shall prefer a detailed representation along with the judgment in Prerna's case (supra) on which they want to place reliance and file it before the respondents, within 10 days from the date of receipt of certified copy of the order.

(2) The respondents shall consider and examine the applicability of such judgments in case of petitioners. In the event the authorities come to the conclusion that the petitioners are entitled for similar benefits and

Signature Not Verified claims, the claims be paid to the petitioners within 60 days. The SAN

Digitally signed by TULSA SINGH respondents while deciding the representations shall pass a reasoned and Date: 2023.01.10 10:30:12 IST

speaking order.

In above terms, the petition stands disposed of. Certified copy as per rules.

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.01.10 10:30:12 IST

 
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