Krishan Kant Pandey vs The State Of Madhya Pradesh
2024 Latest Caselaw 21161 MP

Madhya Pradesh High Court

Krishan Kant Pandey vs The State Of Madhya Pradesh on 5 August, 2024

                                                              1                              WP-20957-2024
                             IN      THE     HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                          BEFORE
                                             HON'BLE SHRI JUSTICE VINAY SARAF
                                                  ON THE 5 th OF AUGUST, 2024
                                                WRIT PETITION No. 20957 of 2024
                                                KRISHAN KANT PANDEY
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                                Shri Pushpendra Yadav, learned counsel for the petitioner.
                                Shri Lokendra Singh - Government Advocate for the respondents/State.

                                                               ORDER

The grievance of the petitioner is that the benefit of the pension has not been extended to the petitioner. As per the petitioner the petitioner was appointed in the year 1985 on adhoc basis and continued to remain in service till 31.05.2023 and retired from the said post after attaining the age of superannuation.

2. As per the learned counsel for the petitioner the petitioner is entitled for the pentionary benefits though the same has not been extended to the him and the petitioner has submitted representations on 10.06.2024 and 25/06/2024 and the same have not been considered and decided till now. In support of his

submissions, learned counsel for the petitioner relied on the judgment delivered by co-ordinate Bench in WP No. 13876/2014, 2014 (Rajesh Kumar Dixit vs. State of MP and another) decided on 22.08.2022 and the judgment/order passed by Supreme Court in the matter of State of Gujrat and ors. vs. Tulsi Bai, Ganji Bai Patel 2022 SCC online SC 2004, whereby the order of Gujrat High Court was upheld by the Hon'ble Supreme Court. He further submits that in view of the judgment delivered by the co-ordinate Bench in the case of Rajesh Kumar Dixit

2 WP-20957-2024 (supra) and judgment of Hon'ble Supreme Court in the case of State of Gujrat (supra), the petitioner is entitled for the retiral benefits but his represention has not been considered till now.

3. Learned counsl for the petitioner submits that if the direction is issued to CHMO, Distt. Satna to decide the representation submitted by the petitioner on 10.06.2024 and 25.06.2024, the petitioner will be satisfied.

4. Learned Government Advocate appearing for respondent/State has no objection if any such direction is issued to CHMO Satna to decide the representations submitted by the petitioner.

5. Considering the facts and circumstances of the case, the petitioner is directed to file fresh detailed representation before CHMO, Satna wittin 15 days from today along with the certified copy of this order.

6. Upon submission of such representation, CHMO, Satna shall decide the same by passing a speaking order in accordance with law within further 15 days and will communicate the outcome of the consideration to the petitioner.

7. It is made clear that this court has not expressed any opinion on the merits of the case.

8. With the aforesaid, present petition is disposed off.

(VINAY SARAF) JUDGE

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