Madhya Pradesh High Court
Eknath Joshi vs The State Of Madhya Pradesh on 6 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 6 th OF MAY, 2024
WRIT PETITION No. 11021 of 2024
BETWEEN:-
1. EKNATH JOSHI S/O KASHINATH, AGED ABOUT 73
Y E A R S , OCCUPATION: RETIRED HM R/O
SHIKARPURA, BURHANPUR (MADHYA PRADESH)
2. EKNATH MARATHE S/O SHANKAR MARATHE,
AGED ABOUT 73 YEARS, OCCUPATION: RETIRED
EMPLOYEE R/O BOHARADA BURHANPUR
DISTRICT (MADHYA PRADESH)
3. DAGADU WANKHEDE S/O UKHARDU WANKHEDE,
AGED ABOUT 66 YEARS, OCCUPATION: RETIRED
EMPLOYEE R/O GANGANAGAR
MOHAMMADPURA DISTRICT BURHANPUR
(MADHYA PRADESH)
4. BAJIRAO CHAUDHARI S/O SHANKAR RAO, AGED
ABOUT 71 YEARS, OCCUPATION: RETIRED
EMPLOYEE R/O ICHHAPUR DISTRICT
BURHANPUR (MADHYA PRADESH)
5. KISHORE NAWLAKHE S/O YADAVLAL
NAWLAKHE, AGED ABOUT 75 YEARS,
OCCUPATION: RETIRED UDT R/O NEW INDRA
COLONY DISTRICT BURHANPUR (MADHYA
PRADESH)
6. DASHRATH CHOUHAN S/O MOTIRAM CHOUHAN,
AGED ABOUT 80 YEARS, OCCUPATION: RETIRED
ASSISTANT TEACHER R/O NARAYAN NAGAR
LALBAGH DISTRICT B UR HAN PUR (MADHYA
PRADESH)
7. PANDIT GANPAT SONWANE S/O GANPAT
SONWANE, AGED ABOUT 68 YEARS,
Signature Not Verified
OCCUPATION: RETIRED EMPLOYEE R/O
Signed by: PARITOSH
KUMAR
Signing time: 5/7/2024
3:43:58 PM
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BAMBHADA BURHANPUR (MADHYA PRADESH)
8. SURESH MAHAJAN S/O RAJARAM, AGED ABOUT
65 YEARS, OCCUPATION: RETIRED UDT R/O
GOULI BAMHADA DISTRICT BURHANPUR
(MADHYA PRADESH)
9. BHAGWAT MALI S/O RAMJI MALI, AGED ABOUT
67 YEARS, OCCUPATION: RETIRED HM R/O
BAMBHADA DISTRICT BURHANPUR (MADHYA
PRADESH)
10. SMT. SHARDA GUPTA W/O MAGANLAL, AGED
ABOUT 75 YEARS, OCCUPATION: RETIRED H.M.
R/O KHAIRATI BAZAR DISTRICT BURHANPUR
(MADHYA PRADESH)
11. JAYPAL SINGH BALKAR S/O GULAB SINGH, AGED
ABOUT 63 YEARS, R/O BAZAR CHOWK
NEPANAGAR DHULKOT DISTRICT BURHANPUR
(MADHYA PRADESH)
12. SURENDRA THAKUR S/O DHARAM SINGH
THAKUR, AGED ABOUT 69 YEARS, OCCUPATION:
RETIRED EMPLOYEE R/O LALBAGH VTC
DISTRICT BURHANPUR (MADHYA PRADESH)
13. PRAHALAD WANE S/O TULSIRAM WANE, AGED
ABOUT 71 YEARS, OCCUPATION: RETIRED
EMPLOYEE R/O RAJPURA DISTRICT BURHANPUR
(MADHYA PRADESH)
14. RAMDAS MAHAJAN S/O RAJARAM, AGED ABOUT
74 YEARS, OCCUPATION: RETIRED H.M. R/O
NACHANKHEDA DISTRICT BURHANPUR
(MADHYA PRADESH)
15. RANJEET SINGH GAUR S/O MOHAN SINGH, AGED
ABOUT 64 YEARS, OCCUPATION: RETIRED
ASSISTANT TEACHER R/O SAMRAT CHOWK
DESHGAON DISTRICT KHANDWA (MADHYA
PRADESH)
16. SUSHILA KULHARE D/O RAMAVATAR, AGED
ABOUT 64 YEARS, OCCUPATION: RETIRED HM
R/O DINDAYAL PURAM DISTRICT KHANDWA
(MADHYA PRADESH)
17. R A J U SAHU S/O R.K. SAHU, AGED ABOUT 64
Y E A R S , OCCUPATION: RETIRED ASSISTANT
TEACHER R/O MANDAKINI COLONY KOLAR
Signature Not Verified
Signed by: PARITOSH
KUMAR
Signing time: 5/7/2024
3:43:58 PM
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ROAD DISTRICT BHOPAL (MADHYA PRADESH)
18. DWARKA PRASAD SAHU S/O DEL SINGH SAHU,
AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
ASSISTANT DIRECTOR FISHERY R/O SHIVAJI
NAGAR DISTRICT BHOPAL (MADHYA PRADESH)
19. SHEIKH AZIM QURESHI S/O SHEIKH RASOOL,
AGED ABOUT 72 YEARS, OCCUPATION: RETIRED
SENIOR AUDITOR BAJARIYA 7 MURSHID BABA
DISTRICT DAMOH (MADHYA PRADESH)
20. MAMTA NEMA W/O VIJAY NEMA, AGED ABOUT
63 YEARS, OCCUPATION: RETIRED UDT R/O
PRAGATI COLONY BEHIND MAHARAJA LAWN
DISTRICT CHHINDWARA (MADHYA PRADESH)
21. RAMESH KUMAR RAUT S/O GANPAT RAO RAUT,
AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
ASSISTANT TEACHER R/O GOVIND NAGAR
DISTRICT CHHINDWARA (MADHYA PRADESH)
22. SUBHASH SITE S/O PURUSHOTTAM, AGED ABOUT
66 YEARS, OCCUPATION: RETIRED ASSISTANT
TEACHER RO JANTA COLONY DISTRICT
CHHINDWARA (MADHYA PRADESH)
23. SMT. ANITA THAKUR W/O HP SINGH, AGED
ABOUT 67 YEARS, OCCUPATION: RETIRED HM
R/O PREMNAGAR POST OFFICE MAHESHPUR
MADAN MAHAL DISTRICT JABALPUR (MADHYA
PRADESH)
24. UMESH KUMAR TIWARI S/O SHIV K TIWARI,
AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
ASSISTANT FISHERY OFFICER R/O KANCHGHAR
DISTRICT JABALPUR (MADHYA PRADESH)
25. SANAT KUMAR TYAGI S/O VEENENDRA TYAGI,
AGED ABOUT 65 YEARS, OCCUPATION: RETIRED
ASSISTANT DIRECTOR FISHERY R/O LOKIPAR
DISTRICT NARSINGHPUR (MADHYA PRADESH)
26. PREMCHAND LAKHERA S/O BADRI PRASAD,
AGED ABOUT 70 YEARS, OCCUPATION: RETIRED
HM R/O DHAWARI RAGHURAJPUR DISTRICT
SATNA (MADHYA PRADESH)
27. SURENDRA KUMAR PANDEY S/O RAMAYAN
PRASAD, AGED ABOUT 65 YEARS, OCCUPATION:
RETIRED HM R/O DHAWARI RAGHURAJPUR
Signature Not Verified
Signed by: PARITOSH
KUMAR
Signing time: 5/7/2024
3:43:58 PM
4
DISTRICT SATNA (MADHYA PRADESH)
28. KESHAV PRASAD NAMDEV S/O JAMUNA
NAMDEO, AGED ABOUT 71 YEARS, OCCUPATION:
R ETIR ED ASSISTANT TEACHER R/O DHAWARI
RAGHURAJPUR DISTRICT SATNA (MADHYA
PRADESH)
29. KOMAL PRASAD DWIVEDI S/O DWARIKA
PRASAD, AGED ABOUT 76 YEARS, OCCUPATION:
RETIRED ASSISTANT TEACHER R/O MAJHIYARI
AKOURIYA DISTRICT REWA (MADHYA PRADESH)
30. GEETA PRASAD SHARMA S/O KANHIYALAL
SHARMA, AGED ABOUT 63 YEARS, OCCUPATION:
RETIRED UDT R/O AMBIKA COLONY
GHATABILLOD DEHRI SARAY DISTRICT DHAR
(MADHYA PRADESH)
31. SURENDRA SISODIYA S/O KANSINGH, AGED
ABOUT 63 YEARS, OCCUPATION: RETIRED
ASSISTANT TEACHER R/O HALDI GHATI KESOOR
DISTRICT DHAR (MADHYA PRADESH)
32. RAMESH CHANDRA PARMAR S/O RANCHHOR,
AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
HM R/O BARMANDAL DISTRICT DHAR (MADHYA
PRADESH)
33. MANGILAL MARU S/O JAWARCHAND MARU,
AGED ABOUT 72 YEARS, OCCUPATION: RETIRED
ASSISTANT TEACHER R/O BARKHEDA DISTRICT
DHAR (MADHYA PRADESH)
34. CHAMPALAL CHOUHAN S/O RATAN SINGH, AGED
ABOUT 66 YEARS, OCCUPATION: RETIRED
ASSISTANT TEACHER TRIBAL R/O HARSORA
DISTRICT DHAR (MADHYA PRADESH)
35. JAGDISH CHANDRA PANCHAL S/O
RAMCHANDRA PANCHAL, AGED ABOUT 64
YEARS, OCCUPATION: RETIRED HM R/O KESOOR
DISTRICT DHAR (MADHYA PRADESH)
36. MANOHARDAS MAHANT S/O SITARAMDAS,
AGED ABOUT 65 YEARS, OCCUPATION: RETIRED
LECTURER R/O KESOOR DISTRICT DHAR
(MADHYA PRADESH)
37. UMESH PAL SINGH KUSHWAHA S/O RAJ PRATAP
SINGH, AGED ABOUT 66 YEARS, OCCUPATION:
RETIRED ORTHOPIDIATRIC R/O DD NAGAR
Signature Not Verified
Signed by: PARITOSH
KUMAR
Signing time: 5/7/2024
3:43:58 PM
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GUTHINA MAHARAJPURA DISTRICT GWALIOR
(MADHYA PRADESH)
38. UDAYBHAN URMALIYA S/O NIRANJAN PRASAD,
AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
UDT R/O VILLAGE JHIRIYA TEHSIL
VIJAYRAGHAVGARH DISTRICT KATNI (MADHYA
PRADESH)
39. ANIL KUMAR SHRIVASTAV S/O RAM KISHORE,
AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
AST. FISHERY OFFICER R/O JAWAHAR NAGAR
SATNA DISTRICT SATNA (MADHYA PRADESH)
40. ANIL KUMAR JAIN S/O PRAKASH CHAND JAIN,
AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
E N G I N E E R R.E.S. R/O SHANTI VIHAR
MAKRONIYA DISTRICT SAGAR (MADHYA
PRADESH)
41. RAJENDRA SINGH RAJPOOT S/O RAMLAL SINGH
RAJPOOT, AGED ABOUT 64 YEARS, OCCUPATION:
RETIRED AST. ENGINEER R/O SHANTIPURAM
MAKRONIYA DISTRICT SAGAR (MADHYA
PRADESH)
42. M AHEN D R A KUMAR SAHU S/O PARMANAND
SAHU, AGED ABOUT 63 YEARS, OCCUPATION:
RETIRED SUB ENGINEER W.R.D. R/O GUPTA DERI
SAGAR, DISTRICT SAGAR (MADHYA PRADESH)
43. HARISHANKAR UPADHYAY S/O BADRI PRASAD,
AGED ABOUT 64 YEARS, OCCUPATION: RETIRED
AST. TEACHER R/O KACHNARI TEHSIL HATA
DISTRICT DAMOH (MADHYA PRADESH)
44. SHRAVAN KUMAR CHATURVEDI S/O
RAMSHWAYAMBAR, AGED ABOUT 63 YEARS,
OCCUPATION: RETIRED U.D.T. R/O SHARDA
COLONY UMARIYA DISTRICT UMARIYA
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI RAJESH DUBEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY FINANCE DEPARTMENT
VALLABH BHAWAN BHOPAL VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
Signature Not Verified
Signed by: PARITOSH
KUMAR
Signing time: 5/7/2024
3:43:58 PM
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2. DISTRICT TREASURY AND PENSION OFFICER
BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)
3. DISTRICT TREASURY AND PENSION OFFICER
BURHANPUR DISTRICT BURHANPUR (MADHYA
PRADESH)
4. DISTRICT TREASURY AND PENSION OFFICER
C H H I N D WA R A DISTRICT CHHINDWARA
(MADHYA PRADESH)
5. DISTRICT TREASURY AND PENSION OFFICER
DAMOH DISTRICT DAMOH (MADHYA PRADESH)
6. DISTRICT TREASURY AND PENSION OFFICER
N A R S I N G H P U R DISTRICT NARSINGHPUR
(MADHYA PRADESH)
7. DISTRICT TREASURY AND PENSION OFFICER
SATNA DISTRICT SATNA (MADHYA PRADESH)
8. DISTRICT TREASURY AND PENSION OFFICER
J A B A L P U R DISTRICT JABALPUR (MADHYA
PRADESH)
9. DISTRICT TREASURY AND PENSION OFFICER
REWA DISTRICT REWA (MADHYA PRADESH)
10. DISTRICT TREASURY AND PENSION OFFICER
DHAR DISTRICT DHAR (MADHYA PRADESH)
11. DISTRICT TREASURY AND PENSION OFFICER
G WA L I O R DISTRICT GWALIOR (MADHYA
PRADESH)
12. DISTRICT TREASURY AND PENSION OFFICER
UMARIA DISTRICT UMARIA (MADHYA PRADESH)
13. DISTRICT TREASURY AND PENSION OFFICER
KATNI DISTRICT KATNI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH JAIN - GOVERNMENT ADVOCATE)
This petition coming on for orders this day, Hon'ble Shri Justice Ravi
Malimath, Chief Justice passed the following:
Signature Not Verified
Signed by: PARITOSH
KUMAR
Signing time: 5/7/2024
3:43:58 PM
7
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.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
PK
