Smt. Sita Kirar vs The State Of Madhya Pradesh
2023 Latest Caselaw 10638 MP

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                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                CHIEF JUSTICE
                                                      &
                                     HON'BLE SHRI JUSTICE VISHAL MISHRA
                                             ON THE 11 th OF JULY, 2023
                                         REVIEW PETITION No. 806 of 2022

                          BETWEEN:-
                          SMT. SITA KIRAR W/O LATE SHRI KAILASHKIRAR,
                          AGED ABOUT 51 YEARS, OCCUPATION: PEON IN JILA
                          PANCHAYAT KHANDWA JILA PANCHAYAT KHANDWA
                          DISTRICT KHANDWA (MADHYA PRADESH)

                                                                           .....PETITIONER
                          (BY SHRI B.N. SHARMA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL SECRETARY DEPARTMENT OF
                                PANCHAYAT RURAL AND URBAN DEVELOPMENT
                                VALLABH BHAWAN DISTRICT BHOPAL (MADHYA
                                PRADESH)

                          2.    THE   JOINT  DIRECTOR DIRECTORATE OF
                                PANCHAYAT    RAJ ARERA HILLS BHOPAL
                                (MADHYA PRADESH)

                          3.    THE   COLLECTOR      KHANDWA DISTRICT
                                KHANDWA (MADHYA PRADESH)

                          4.    THE  CHIEF   EXECUTIVE   OFFICER   JILA
                                PANCHAYAT CIVIL LINES KHANDWA DISTRICT
                                KHANDWA (MADHYA PRADESH)

                          5.    RAMAN KASAR S/O LATE SHRI MANGILAL
                                KASAR, AGED ABOUT 58 YEARS, OCCUPATION:
                                STENOGRAPHER O/O ZILA PANCHYAT KHANDWA
                                (MADHYA PRADESH)

                          6.    MAHESH SONI S/O AMRIT LAL SONI, AGED
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 7/12/2023
4:52:30 PM
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                                 ABOUT 60 YEARS, OCCUPATION: CHOWKIDAR
                                 O/O ZILA PANCHYAT KHANDWA (MADHYA
                                 PRADESH)

                                                                                         .....RESPONDENTS
                          (SHRI S.S. CHAUHAN - GOVERNMENT ADVOCATE FOR RESPONDENTS
                          NO.1 TO 4, SHRI H.K. BHANNARWAR - ADVOCATE FOR RESPONDENTS
                          NO.5 AND 6 IS ABSENT)

                                 This petition coming on for admission this day, the Court passed the
                          following:
                                                               ORDER

By this petition, review of the order dated 05.10.2021 passed in Writ Appeal No.921 of 2021 has been sought for, wherein the review sought to be effected by the respondents, was upheld.

On hearing learned counsels, we are of the view that the aforesaid order may be covered by the judgment of the Hon'ble Supreme Court in the case of Thomas Daniel Vs. State of Kerala and Others passed on 02.05.2022 in Civil Appeal No.7115 of 2010 with regard to recoveries from retired personnel. Hence, the order requires to be reviewed.

Consequently, the review petition is allowed. The order dated 05.10.2021 passed in Writ Appeal No.921 of 2021 is reviewed and recalled. Writ appeal is restored to file. To be listed for consideration next week.

                                (RAVI MALIMATH)                                         (VISHAL MISHRA)
                                  CHIEF JUSTICE                                              JUDGE
                          Sha




Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 7/12/2023
4:52:30 PM