Madhya Pradesh High Court

The State Of Madhya Pradesh vs Manjeetsingh Bhatiya on 6 May, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                            1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                   BEFORE
                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                      &
                                   HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                                  ON THE 6 th OF MAY, 2024
                                                WRIT APPEAL No. 631 of 2023

                           BETWEEN:-
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY VALLABH    BHAWAN,  BHOPAL
                                 (MADHYA PRADESH)

                           2.    JILA PENSION ADHIKARI KOSH, LEKHA AVAM
                                 PENSION BARWANI, DIST. BARWANI (MADHYA
                                 PRADESH)

                                                                                      .....APPELLANTS
                           (BY SHRI BHUWAN GAUTAM, GOVT. ADVOCATE)

                           AND
                           MANJEETSINGH       BHATIYA      S/O       SHRI
                           HARBHAJANSINGH,   AGED    ABOUT    62   YEARS,
                           OCCUPATION: RETIRED R/O A BLOCK 501, SHIVNEST
                           TOWNSHIP USTAD BHOLARAM MARG PIPLIYARAO
                           INDORE (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                           (BY SHRI ABHISHEK TUGNAWAT, ADVOCATE)



                                 This appeal coming on for admission this day, Justice Sushrut Arvind
                           Dharmadhikari passed the following:
                                                             ORDER

The present writ appeal under Section 2(1) of Madhya Pradesh Uchha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the order dated 21.10.2022, passed in W.P. No.4236/2017 whereby, the writ petition has

been disposed off.

2. At this stage, learned counsel for the respondent submits that in the light of the Full Bench judgment passed in the case of State of M.P. and others vs. Jagdish Prasad Dubey reported in 2024 (2) M.P.L.J. 198 , the issue with regard to undertaking has been decided in favor of the employees. Hence, this appeal is liable to be dismissed.

Heard learned counsel for the parties and perused the record. The relevant para i.e., 35(c) of the judgment in the case of State of M.P. (supra) is reproduced below for convenience and ready reference:

"35 (C)- Question No. 3 is answered by holding that the

undertaking given by the employee at the time of grant of financial benefits on account of refixation of pay is a forced undertaking and is therefore not enforceable in the light of the judgment of the Hon'ble Supreme Court in the case of Central Inland Water Transport Corporation Limited (supra) unless the undertaking is given voluntarily".

In view of the aforesaid judgment in the case of State of M.P. (supra), nothing survives for adjudication in this appeal.

Accordingly, the appeal is disposed off.

                             (S. A. DHARMADHIKARI)                                     (GAJENDRA SINGH)
                                      JUDGE                                                 JUDGE
                           Vatan