Madhya Pradesh High Court
Omprakash Dubey vs The State Of Madhya Pradesh on 20 October, 2023
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 20 th OF OCTOBER, 2023
WRIT PETITION No. 13663 of 2021
BETWEEN:-
1. OMPRAKASH DUBEY S/O LATE SHRI SALIGRAM
DUBEY, AGED 64 YEARS, KRISNAPURA HANUMAN
CHOUK GANJBASODA, DISTRICT VIDISHA
(MADHYA PRADESH)
2. KAILASH NARAYAN SHRIVASTAVA S/O LATE
SHRI HARINARAYAN SHRIVASTAVA, AGED 63
Y E A R S , OCCUPATION: SHASKIY PENSONAR
GANJBASODA DIST. VIDISHA (MADHYA
PRADESH)
3. NAWAL SINGH RAGHUVANSHI S/O LATE SHRI
DEVI SINGH RAGHUVANSHI, AGED 67 YEARS,
OCCUPATION- SHASHKIYA PENSIONER R/O
GANJBASODA , DIST. VIDISHA (MADHYA
PRADESH)
4. BRAJMOHAN SEN S/O LATE SHRI HEERALAL SEN,
AGED 63 YEARS, OCCUPATION- SHASHKIYA
PENSIONER R/O GANJBASODA , DIST. VIDISHA
(MADHYA PRADESH)
5. RAGHUVEER SINGH RAGHUVANSHI S/O LATE
SHRI GOVIND SINGH RAGHUVANSHI, AGED 68
YEAR S , OCCUPATION- SHASHKIYA PENSIONER
R / O GANJBASODA , DIST. VIDISHA (MADHYA
PRADESH)
6. NARENDRA KUMAR MATHUR S/O LATE SHRI
GIRIJAPRASAD MATHUR, AGED 66 YEARS,
OCCUPATION- SHASHKIYA PENSIONER R/O
RAJENDRA NAGAR, GANJBASODA DIST. VIDISHA
(MADHYA PRADESH)
7. LALA KHAN MASURI S/O LATE SHRI SARDAR
KHAN, AGED 68 YEARS, OCCUPATION-
SHASHKIYA PENSIONER GANJBASODA , DIST.
VIDISHA (MADHYA PRADESH)
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 20-10-2023
06:21:34 PM
2
.....PETITIONER
(BY SHRI S.N. SETH- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, EDUCATION
DEPARTMENT VALLABH BHAWAN BHOPAL (M.P.)
(MADHYA PRADESH)
2. THE STATE OF MP PRAMUKH SACHIV VITT
VIBHAG , VALLABH BHAWAN BHOPAL (M.P.)
(MADHYA PRADESH)
3. ZILA SHIKSHA ADHIKARI DIST. VIDISHA
(MADHYA PRADESH)
4. KOSHALAY ADHIKARI KARYALAY ZILA
KOSHALAY (PENSION) DIST. VIDISHA (MADHYA
PRADESH)
5. AYUKT LOK SHIKSHAN SANSTHAN BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VISHAL TRIPAHTI- GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
By this petition, filed under Article 226/227 of the Constitution of India,
the petitioner has prays for the following reliefs:
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Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 20-10-2023
06:21:34 PM
It is submitted by the learned counsel for the petitioner that relying on
decision rendered in Writ Petition No.6773/2006 (Prerna Koranne vs. State
of Madhya Pradesh) vide order dated 26.4.2007 directions were issued in
W.P. No. 11238/2017 (Ram Prasad Mishra vs. The State of Madhya
Pradesh), which may also be issued in this case as these cases relate to grant of
Kramonnati, A coordinate Bench of this Court in the case of Ram Prasad
Mishra (supra), has passed the following orders:
Learned counsel for the petitioner at the outset submits that the
controversy involved in the matter is finally decided by this Court in Writ
Petition No.6773/2006 (Prerna Koranne vs. State of MP), decided at Indore
Bench vide order dated 26.4.2007. Petitioner submits that he intends to prefer
representation, which may be directed to be decided by the respondents in the
light of the judgment in the case of Prerna (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 petitioner, this petition is disposed of with the following
directions:
(1) The petitioner shall prefer a detailed representation along with the
judgment in the case of Prerna Koranne (supra) on which he wants to place
reliance and file it before respondents, within 10 days from the date of receipt
of certified copy of the order.
(2) The said respondents shall consider and examine the applicability of
such judgments in case of petitioner. In the event the authorities come to the
conclusion that the petitioner is entitled for similar benefits and claims, the
Signature Not Verified
claims be paid to the petitioner within 60 days. The said respondents while
Signed by: VISHAL
UPADHYAY
Signing time: 20-10-2023
06:21:34 PM
deciding the representations shall pass a reasoned and speaking order.
With the aforesaid observation, the petition stands disposed of.
In view of the prayer made by the petitioners, the order passed in W.P.
No.11238/2017 shall apply mutatis mutandis to the present case also.
With the aforesaid observation, this petition stands disposed of.
(ANAND PATHAK)
JUDGE
Vishal
Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 20-10-2023
06:21:34 PM
