Prakash Chandra Nema vs The State Of Madhya Pradesh
2024 Latest Caselaw 3935 MP

Madhya Pradesh High Court

Prakash Chandra Nema vs The State Of Madhya Pradesh on 9 February, 2024

Author: Chief Justice

Bench: Ravi Malimath, Vishal Mishra

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                 CHIEF JUSTICE
                                                       &
                                      HON'BLE SHRI JUSTICE VISHAL MISHRA
                                            ON THE 9 th OF FEBRUARY, 2024
                                           WRIT PETITION No. 2260 of 2024

                           BETWEEN:-
                           1.    PRAKASH CHANDRA NEMA S/O LATE SHRI
                                 GANGA RAM NEMA, AGED ABOUT 68 YEARS,
                                 OCCUPATION: RETIRED R/O 1760/2 BHOLE BABA
                                 ROAD GUPTESHWAR NEAR SHAKTI NAGAR
                                 CHOWK GUPTESHWAR JABALPUR DISTRICT
                                 JABALPUR (MADHYA PRADESH)

                           2.    TOOFAN SINGH PARIHAR S/O SHRI MUKTI SINGH
                                 PARIHAR, AGED ABOUT 64 YEARS, OCCUPATION:
                                 RETIRED R/O F/28 MPSEB COLONY BARGI NAGAR
                                 HARDULI, BARGI NAGAR JABALPUR DISTRICT
                                 JABALPUR (MADHYA PRADESH)

                           3.    NATHU RAO DHOTE S/O SHRI RAM RAO DHOTE,
                                 AGED ABOUT 66 YEARS, OCCUPATION: RETIRED
                                 R/O BUNGLOW NO.47 MARIGOLD ORACLE,
                                 MISROD HUZUR BHOPAL DISTRICT BHOPAL
                                 (MADHYA PRADESH)

                           4.    SHYAM SINGH RATHORE S/O NARAYAN SINGH
                                 RATHORE, AGED ABOUT 65 YEARS, OCCUPATION:
                                 RETIRED R/O VILLAGE MAKARJHIR, POST
                                 SANAIDONGARI,   SEONI    DISTRICT   SEONI
                                 (MADHYA PRADESH)

                           5.    SITARAM NAYAK S/O SHRI BHAIYALAL KAHAR,
                                 AGED ABOUT 69 YEARS, OCCUPATION: RETIRED
                                 R/O 366/1, RAM NAGAR GARHA FATAK, NEAR
                                 SHIV SHAKTI MANDIR JAWAHAR GANJ WARD,
                                 JABALPUR DISTRICT JABALPUR (MADHYA
                                 PRADESH)

                                                                             .....PETITIONERS
                           (BY SHRI JAYANT PRAKASH PATEL - ADVOCATE)
Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 13-02-2024
15:13:07
                                                             2
                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 SECRETARY ENERGY DEPARTMENT VALLABH
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    JOINT DIRECTOR (FINANCE AND ACCOUNT) COG
                                 AND    HS,   MADHYA     PRADESH   POWER
                                 GENERATING COMPANY LTD. SHAKTI BHAWAN
                                 RAMPUR JABALPUR (MADHYA PRADESH)

                           3.    DEPUTY GENERAL MANAGER (LAW AND ADMIN)
                                 MADHYA PRADESH POWER MANAGEMENT
                                 COMPANY     LTD. SHAKTI BHAWAN RAMPUR,
                                 DISTRICT JABALPUR (MADHYA PRADESH)

                           4.    GENERAL MANAGER MADHYA PRADESH POWER
                                 TRANSMISSION COMPANY LTD. (MPPTCL)
                                 SHAKTI BHAWAN RAMPUR, DISTRICT JABALPUR
                                 (MADHYA PRADESH)

                           5.    JOINT  DIRECTOR   ACCOUNTS  (PENSION)
                                 MADHYA PRADESH POWER TRANSMISSION
                                 COMPANY LTD. (MPPTCL) SHAKTI BHAWAN
                                 RAMPUR   JABALPUR  DISTRICT JABALPUR
                                 (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE FOR RESPONDENT
                           NO.1)

                                 This petition coming on for orders this day, Hon'ble Shri Justice Ravi
                           Malimath, Chief Justice passed the following:
                                                             ORDER

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.

In view of the submission made, the petition is disposed off in terms of

the aforesaid judgment of the Hon'ble Supreme Court.

                                 (RAVI MALIMATH)                                  (VISHAL MISHRA)
                                   CHIEF JUSTICE                                       JUDGE
                           SKM