Munna Lal Pandey vs The State Of Madhya Pradesh
2024 Latest Caselaw 4413 MP

Madhya Pradesh High Court

Munna Lal Pandey vs The State Of Madhya Pradesh on 15 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 15 th OF FEBRUARY, 2024
                                          WRIT PETITION No. 3451 of 2024

                         BETWEEN:-
                         MUNNA LAL PANDEY S/O RADHESHYAM PANDEY,
                         AGED ABOUT 73 YEARS, OCCUPATION: RETIRED AS AN
                         ASSISTANT TEACHER GOVT. MIDDLE SCHOOL
                         CHOUBEYPUR SANKUL GOVT. HIGHER SECONDARY
                         SCHOOL KAMTA , CHITRAKOOT DISTRICT SATNA
                         (MADHYA PRADESH)

                                                                             .....PETITIONER
                         (BY SHRI RAHUL MISHRA - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                               PRINCIPAL SECRETARY SCHOOL EDUCATION
                               DEPARTMENT VALLABH BHAWAN BHOPAL
                               (MADHYA PRADESH)

                         2.    THE COMMISSIONER, PUBLIC INSTRUCTIONS,
                               GOUTAM NAGAR BHOPAL (MADHYA PRADESH)

                         3.    JOINT DIRECTOR, TREASURY AND ACCOUNTS
                               DIVISION REWA DISTRICT REWA (MADHYA
                               PRADESH)

                         4.    DISTRICT    EDUCATION    OFFICER,   SATNA
                               DISTRICT SATNA` (MADHYA PRADESH)

                         5.    DISTRICT PENSION OFFICER, SATNA DISTRICT
                               SATNA` (MADHYA PRADESH)

                         6.    SANKUL PRINCIPAL, M.P.P.D. GOVT HIGHER
                               SECONDARY    SCHOOL, KAMTA CHITRAKOOT
                               DISTRICT SATNA (MADHYA PRADESH)

                                                                           .....RESPONDENTS
                         (STATE BY SHRI ANKIT AGRAWAL - GOVERNMENT ADVOCATE)

Signature Not Verified
Signed by: AMIT JAIN
Signing time: 15-02-
2024 20:11:53
                                                                2
                                  This petition coming on for admission this day, th e court passed the
                         following:
                                                                ORDER

Petitioner has filed this writ petition claiming the benefit of Kramonnati in the light of the law laid down by a Division Bench of this Hon'ble High Court in Smt. Prerna versus State of M.P. & Others (W.P. No.29572 of 2018).

Learned counsel for the petitioner submits that the petitioner intends to prefer a fresh representation, which may be directed to be considered and decided by the competent authority in the light of the judgment rendered in Smt. Prerna versus State of M.P. & Others (supra) within some reasonable

time.

The aforesaid innocuous relief prayed for by learned counsel for the petitioner is not opposed by learned Government Advocate for the State.

Accordingly, without expressing any opinion on the merits and the entitlement of the petitioner, this petition can be disposed of with following directions:-

(i) The petitioner shall prefer a detailed representations alongwith the judgment passed in Smt. Prerna versus State of M.P. & Others (supra) on which he wants to place reliance and file it before competent authority within 10 days from the date of receipt of the certified copy of the order being passed today.

(ii) The competent authority shall consider and examine the applicability o f Smt. Prerna versus State of M.P. & Others (supra) in the case of the present petitioner. If the competent authority comes to the conclusion that the petitioner is entitled to the similar benefit then the same shall be extended to the present petitioner within a further period of sixty days therefrom. The

competent authority while deciding the representation shall pass a reasoned and speaking order under communication to the petitioner.

With aforesaid observations, this writ petition stands disposed of.

(VIVEK AGARWAL) JUDGE amit