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