The State Of Madhya Pradesh vs Tulsidas Mishra
2024 Latest Caselaw 3055 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Tulsidas Mishra on 1 February, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 1 st OF FEBRUARY, 2024
                                            REVIEW PETITION No. 1397 of 2023

                           BETWEEN:-
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 PRINCIPAL SECRETARY DEPARTMENT OF
                                 FINANCE VALLABH BHAWAN, BHOPAL (MADHYA
                                 PRADESH)

                           2.    THE JOINT DIRECTOR,     TREASURY AND
                                 ACCOUN TS DIVISION REWA DISTRICT REWA
                                 (MADHYA PRADESH)

                           3.    DISTRICT EDUCATION OFFICER, SHIPI PLAZA,
                                 DISTRICT REWA (MADHYA PRADESH)

                           4.    DIVSIONAL DISTRICT PENSION OFFICER, REWA
                                 DISTRICT REWA (MADHYA PRADESH)

                           5.    SANKUL PRINCIPAL, GOVT HIGHER SECONDARY
                                 SCHOOL, JUDAURI BLOCK GANGEO DISTRICT
                                 REWA (MADHYA PRADESH)

                                                                                     .....PETITIONERS
                           (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

                           AND
                           TULSIDAS MISHRA S/O SHRI SHESH PRASAD MISHRA,
                           AGED ABOUT 64 YEARS, OCCUPATION: RETIRED PEON
                           IN THE OFFICE OF PRINCIPAL GOVT. HIGHER
                           SECONDARY SCHOOL JUDAURI BLOCK GANGEO
                           DISTRICT REWA (MADHYA PRADESH)

                                                                                   .....RESPONDENTS


                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                            ORDER

This review petition is filed seeking the review of the order dated 26.04.2023 passed in Writ Petition No.6671 of 2022 wherein it is mentioned that the judgments in the cases of Tejulal Yadav v. State of Madhya Pradesh, ILR (2009) MP 1326 and in the case of Dheeraj Lal Yadav v. State of MP (WP No.5445/2014) will be applicable to the case of the petitioner.

It is submitted by learned Government Advocate that the facts of the case of Dheeraj Lal Yadav (supra) are different inasmuch as in that case the petitioner - Dheeraj Lal was admittedly regularised on class IV post on completion of ten years' services in the work charged establishment. Thus, consequent to absorption in regular establishment, facts of that case will not be

applicable to the facts of the present case.

To the aforesaid extent, review petition is allowed and the order impugned is corrected to the extent that the petitioner's case will be covered by the decision in the case of Tejulal Yadav (supra) and so also law laid down by Hon'ble the Supreme Court in the case of State of Punjab and Others v. Rafiq Masih (White Washer), (2015) 4 SCC 334.

Other terms and conditions of the impugned order shall remain in tact. Accordingly, the review petition is disposed of.

(VIVEK AGARWAL) JUDGE ks