Khuman Singh Khushwan vs State Of Mp
2024 Latest Caselaw 21313 MP

Madhya Pradesh High Court

Khuman Singh Khushwan vs State Of Mp on 6 August, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1                             WP-22167-2024
                              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. 22167 of 2024
                                                  KHUMAN SINGH KHUSHWAN
                                                            Versus
                                                   STATE OF MP AND OTHERS
                           Appearance:
                                   Shri Ravindra Prakash Joshi, learned counsel for the petitioner.
                                   Ms. Pranjali Yajurvedi, learned P.L for the respondent/State.

                                                               ORDER

The petitioner who is working as employee of M.P Paschim Kshetra Vidyut Vitaran Company has filed the present petition challenging the order dated 29/7/2024 passed by respondent No.3 whereby the petitioner has been super annuated on completion of age of 55 years w.e.f 31/7/2024.

2. Counsel for the petitioner submits that the impugned order has been passed in reference to circular dated 19/3/2013. It is argued that in the case of similarly situated employee in W.P No.838/2016 and W.P No.3262/2016,

this Court after considering the said circular held that the employees of the said company are entitled to continue up to age of 60 years.

3. Considering the aforesaid submissions of the counsel for the petitioner, the present petition is disposed off with liberty to the petitioner to submit a detailed and comprehensive representation before the respondent No.3 alongwith copy of order passed in W.P No.838/2016 and W.P

2 WP-22167-2024 No.3262/2016 within period of 15 days from today and if such representation is filed alongwith the copy of the judgment passed by this Court, the respondent No.3 shall consider and decide the said representation within period of 2 months from the date of receipt of representation in accordance with the law. If the case of the petitioner is found to be identical to the cases of the employees in W.P. No.838/2016 and W.P No.3262/2016, the petitioner shall also be granted same benefit and if the respondent No.3 finds that the case of the petitioner is not identical to the case of those employees, he shall pass a reasoned and speaking order and shall communicate the same to the petitioner.

4. With the aforesaid, present petition stands disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

PK