Krishna Kumar Choubey vs The State Of Madhya Pradesh
2024 Latest Caselaw 12511 MP

Madhya Pradesh High Court

Krishna Kumar Choubey vs The State Of Madhya Pradesh on 3 May, 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 3 rd OF MAY, 2024
                WRIT PETITION No. 11627 of 2024

BETWEEN:-
1.    KRISHNA KUMAR CHOUBEY S/O UMASHANKAR
      CHOUBEY, AGED ABOUT 67 YEARS, OCCUPATION:
      R ETIR ED PATWARI R/O WARD NO. 6, REHLI,
      TEHSIL REHLI, DISTRICT SAGAR (MADHYA
      PRADESH)

2.    SMT. USHA YADAV W/O BHAGWANDAS YADAV,
      AGED    ABOUT     70   YEARS, OCCUPATION:
      ASSISTANT TEACHER R/O REHLI, TEHSIL REHLI,
      DISTRICT SAGAR (MADHYA PRADESH)

3.    JAGDEESH PRASAD SEN S/O CHHOTELAL SEN,
      AGED ABOUT 77 YEARS, OCCUPATION: RETIRED
      AT TEACHER R/O WARD NO. 6, REHLI, TEHSIL
      REHLI, DISTRICT SAGAR (MADHYA PRADESH)

                                                   .....PETITIONERS
(BY SHRI PRIYANK CHOUBEY - ADVOCATE)

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

2.    STATE  OF   MADHYA   PRADESH, THROUGH
      SECRETARY REVENUE DEPARTMENT VALLABH
      BHAWAN, BHOPAL (MADHYA PRADESH)

3.    STATE  OF    MADHYA   PRADESH, THROUGH
      SECRETARY, FINANCE DEPARTMENT VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)
                                                            2
                          4.         JOINT DIRECTOR, TREASURY ACCOUNT AND
                                     PENSION DIVISION BHOPAL, DISTRICT BHOPAL
                                     (MADHYA PRADESH)

                          5.         DISTRICT PENSION OFFICER, SAGAR DISTRICT
                                     SAGAR (MADHYA PRADESH)

                                                                                            .....RESPONDENTS
                          (BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)

                                     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 and 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.

However, it is noticed that there are various defaults as pointed out by the Registry including non-payment of deficit court fees. In the larger interest of justice, the defaults except court fee are overruled.

T he petitioners to submit the deficit Court fees, as demanded by the Registry. Only after the deficit court fees has been paid, the certified copy be issued and the order will be uploaded and not until then.

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



Date: 2024.05.09 15:14:11 +05'30'