Anil Indorkar vs The State Of Madhya Pradesh
2024 Latest Caselaw 21278 MP

Madhya Pradesh High Court

Anil Indorkar vs The State Of Madhya Pradesh on 6 August, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                                  1                              WP-8928-2024
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                    ON THE 6 th OF AUGUST, 2024
                                                  WRIT PETITION No. 8928 of 2024
                                                    ANIL INDORKAR
                                                         Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                              Shri Vijay Gulani, learned counsel for the petitioner.
                              Ms.Pranjali Yajurvedi, learned counsel for the respondent/state.

                                                                   ORDER

By this petition, the petitioner has prayed for the following reliefs:

"A) That this Hon'ble court may be pleased to issue a writ in the nature of mandamus or issue any order or directions for counting the service period of daily wages 03/11/78 to 12/04/88 for pensionary benefit with all consequential benefits and order to grant the pension to the petitioner.

B) To direct the respondents to count the petitioner's earlier services (as a daily wager) i.e., more than 43 years service as a qualifying services for pension and paid all the consequential benefits.

C) To grant the pension & gratuity to the petitioner with all consequential benefits.

D) To grant any other relief, which this Hon'ble court may deem fit in the facts and circumstances of the case, in favour of petitioners."

2. Learned counsel for both the parties submit that the issue involved in this petition is covered by the judgment passed by this Court in the case of Sudama Prasad Pandey Vs. State of M.P. & Ors.) in W.P. No.16878/2010 decided on 16/12/2010 as well as the judgment passed by the Apex Court in the case of Netram Sahu Vs. State of Chhattisgarh in Civil Appeal

2 WP-8928-2024 No.1254/2018 decided on 23/03/2018.

3. In view of the aforesaid, the present petition stands disposed off with a direction to the respondents to consider the case of the petitioner in the light of the judgment passed by this Court in the case of Sudama Prasad Pandey (supra) as well as the judgment passed by the Apex Court in the case of Netram Sahu (supra) for counting the past services of the petitioner (as a daily wager) as a qualifying service. The said exercise be carried out within a period of three months from the date of receipt of certified copy of this order. If the case of the petitioner is squarely covered by the aforesaid judgments and he has been found eligible, then the same benefit be extended to the petitioner.

4. With the aforesaid observations, the writ petition is disposed off. Certified copy as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh