Madhya Pradesh High Court
Karan Singh Yadav vs The State Of Madhya Pradesh on 2 February, 2024
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 2 nd OF FEBRUARY, 2024
WRIT PETITION No. 28536 of 2023
BETWEEN:-
1. KARAN SINGH YADAV S/O SHRI RAM SINGH
YADAV, AGED ABOUT 64 YEARS, OCCUPATION:
LAB ATTENDANT FROM HIGHER EDUCATION
DEPARTMENT R/O NEAR MVM COLLEGE, H-3/7,
POLICE CONTROL ROOM CAMPUS,
JAHANGIRABAD HUZUR, DISTRICT BHOPAL
(MADHYA PRADESH)
2. MANI RAM S/O SHRI KUL BAHADUR, AGED
ABOUT 64 YEARS, OCCUPATION: LAB
ATTENDANT FROM HIGHER EDUCATION
DEPARTMENT R/O BAGSEWANIYA NAGAR
PURANI BASTI KOTRA NEAR RAM MANDIR
WARD NO.55 ZONE-15 HUZUR DISTRICT BHOPAL
(MADHYA PRADESH)
3. PARAS NATH SINGH S/O SHRI DHARAM NATH
SINGH, AGED ABOUT 67 YEARS, OCCUPATION:
LAB ATTENDANT FROM HIGHER EDUCATION
DEPARTMENT R/O LIG-12 BDA FLATS C- SECTOR
SHAHPURA HUZUR TIRLANGA DISTRICT BHOPAL
462016 (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI A.K. SINGH - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY HIGHER
EDUCATION DEPARTMENT MANTRALAYA
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE COMMISSIONER HIGHER EDUCATION
D EPARTM EN T SATPURA BHAWAN BHOPAL
(MADHYA PRADESH)
3. THE AUTHORISED PENSION OFFICER
Signature Not Verified
DIVISIONAL PENSION OFFICE SATPURA BHAWAN
Signed by: VINOD
VISHWAKARMA
Signing time: 2/3/2024
12:58:57 PM
2
DISTRICT BHOPAL 462004 (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI HITENDRA GOLHANI -PANEL LAWYER )
This petition coming on for admission this day, th e court passed the
following:
ORDER
This petition has been filed seeking the following reliefs :
(i) The Hon'ble High Court may kindly be pleased to issue a Writ in
the nature of mandamus or any other appropriate Writ
commanding the respondents to consider the petitioner's
representation (Annexure P-6) by speaking order within a
stipulated period.
(ii) The Hon'ble High Court may kindly be pleased to issue a Writ in
the nature of mandamus or any other appropriate Writ
commanding the respondents to pay difference of salary and
pension to the petitioners.
(iii) Any other efficacious remedy/remedies and or relief/reliefs,
which this Hon'ble High Court considers fit, necessary and
appropriate in the circumstances of the case kindly be granted to
the petitioner.
(iv) Costs of the Writ Petition together with petitioner's counsel fee,
ordered to be taxed, against State respondent.
2. It is the case of the petitioners that they were retired from Higher Education
Department on the post of Lab Attendant on 30 th June. The increment which
was to be granted on 1st of July was denied to them on the ground that they
retired on 30th July and were not in service on 1st July.
3. Learned counsels for the parties submit that the question of law that arises
for consideration in this petition is covered by the judgment of the Hon'ble
Supreme Court in SLP (C) No. 8219 of 2020 (Madhya Pradesh Power
Transmission Company Limited and another vs. S.R. Ramchandran & others)
dated 11.07.2023. Hence, they plead that this petition be also disposed off on
the same terms.
4. In view of the submission made, the petition is disposed off in terms of the
aforesaid judgment of the Hon'ble Supreme Court.
(VISHAL MISHRA)
JUDGE
VV
