Ramnarayan vs The State Of Madhya Pradesh
2023 Latest Caselaw 19249 MP

                                                           1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                       BEFORE
                                        HON'BLE SHRI JUSTICE RAJ MOHAN SINGH
                                            ON THE 20 th OF NOVEMBER, 2023
                                             WRIT PETITION No. 27569 of 2023

                           BETWEEN:-
                           RAMNARAYN S/O SHRI ANOKHILAL, AGED ABOUT 63
                           YEARS, OCCUPATION: RETIRED GANGMAM R/O NAYA
                           HARSUD CHANERA TEHSIL HARSUD DISTRICT
                           KHANDWA (M.P)

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

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE PRINCIPAL SECRETARY PUBLIC WORKS
                                 DEPARTMETN MANTRALAYA VALLABH BHAWAN
                                 BHOPAL (M.P)

                           2.    ENGINEER     IN CHIEF  PUBLIC  WORKS
                                 DEPARTMENT ARERA HILLS NIRMAN BHAWAN
                                 BHOPAL (M.P)

                           3.    CHIEF ENGINEER PUBLIC WORKS DEPARTMENT
                                 (B AND R) INDORE (M.P)

                           4.    EXECUTIVE    ENGINEER  PUBLIC   WORKS
                                 DEPARTMENT (B AND R) DIVISION KHANDWA
                                 DISTRICT KHANDWA (M.P)

                           5.    SUB DIVISIONAL OFFICER PUBLIC WORKS
                                 DEPARTMENT (B AND R) SUB DIVISION NIMAD
                                 DISTRICT KHANDWA (M.P)

                                                                                   .....RESPONDENTS
                           (BY SHRI MOHAN SAUSARKAR -GOVERNMENT ADVOCATE FOR
                           RESPONDENT/STATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 11/21/2023
10:38:08 AM
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                                                               ORDER

Learned counsel for the petitioner submits that the petitioner was initially appointed as a Gangman w.e.f 01.03.1976. After completion of 30 years of services, the petitioner has retired from services w.e.f 28.02.2023. The Claim of the petitioner with regard to his pensionary benefit is based on Full Bench judgment of this Court in case of Vishnu Mutiya & others Vs. State of M.P & others, wherein post of Gangman was treated to be Class-IV employee and was to be treated as a Work Charged and Contingency paid employee thereby entitling him/her revision of Pay under Rules of 1997. The State Government has also increased the age of retirement from 60 years to 62 years and the

petitioner has already availed the said benefit of increase in his age upto 62 years. After his retirement w.e.f 28.02.2023, the pension of the petitioner has not been released. Precisely for the claim in question, the petitioner's representation dated 26.09.2023 (Annexure P-4) is also pending before the respondent no.4.

At this stage, learned counsel for the petitioner submits that the petitioner would be satisfied in case the respondent No.4 is directed to decide the pending representation of the petitioner dated 26.09.2023 in accordance with law in a time bound manner.

Shri Mohan Sausarkar -Government Advocate appears on behalf of respondents on advance notice and submits that pending representation of the petitioner dated 26.09.2023 shall be considered by the respondent no.4 strictly in accordance with law without being influenced with any statement of fact made in this writ petition.

In view of the aforesaid position, this writ petition is disposed of by directing the respondent no.4/competent authority to consider the pending Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 11/21/2023 10:38:08 AM

representation of the petitioner dated 26.09.2023 (Annexure P-4) strictly in accordance with law and pass speaking order within a period of two months from the date of receipt of certified copy of this order.

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

With the aforesaid, this writ petition is disposed of.

(RAJ MOHAN SINGH) JUDGE tarun

Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 11/21/2023 10:38:08 AM