Madhya Pradesh High Court

Shiv Dutt Tripathi vs The State Of Madhya Pradesh on 6 May, 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 6 th OF MAY, 2024
                                             WRIT PETITION No. 21509 of 2017

                           BETWEEN:-
                           1.    SHIV DUTT TRIPATHI S/O SHRI RAM PAL
                                 TRIPATHI, AGED ABOUT 49 YEARS, OCCUPATION:
                                 EX PART TIME TEACHER MANGRAJ P.S. KOTHIA
                                 DISTT. SATNA (MADHYA PRADESH)

                           2.    DINESH KUMAR TRIVEDI S/O SHRI HEERALAL
                                 TRIVEDI, AGED ABOUT 53 YEARS, OCCUPATION:
                                 EXPART TIME TEACHER H.NO. CHIRAHULA
                                 (MADHYA PRADESH)

                           3.    RAJESH KUMAR SHRIVASTAVA S/O SHRI A B
                                 SHRIVASTAVA, AGED ABOUT 51 YEARS,
                                 OCCUPATION: EXPART TIME TEACHER SHARDA
                                 PURAM SAMAN (MADHYA PRADESH)

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

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

                           2.    COMMISSIONER          COMMISSION         PUBLIC
                                 I N S TR UCTI ON S GAUTAM  NAGAR        BHOPAL
                                 (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI DEEPAK SAHU - PANEL LAWYER)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                            ORDER

Petitioners' contention is that their case is squarely covered by the

Division Bench Judgment of this High Court in Writ Appeal No.1187/2013 (Mahesh Gunjele versus State of Madhya Pradesh & Another) decided on 26.11.2015.

The aforesaid fact could not be disputed by the State Government. Accordingly, the writ petition can be disposed of in terms of the Division Bench Judgment of this High Court in Writ Appeal No.1187/2013 (Mahesh Gunjele versus State of Madhya Pradesh & Another) decided on 26.11.2015. The impugned order is hereby quashed. It is directed that if there is no other legal hindrance, the petitioners be given the same benefit as has been extended by the Hon'ble Division Bench of this High Court in Writ Appeal

No.1187/2013 (Mahesh Gunjele versus State of Madhya Pradesh & Another) decided on 26.11.2015 within a period of sixty days from the date of receipt of certified copy of the order being passed today.

In above terms, the writ petition is disposed of.

(VIVEK AGARWAL) JUDGE ks