Madhya Pradesh High Court

Keshav Prasad Pandey 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. 19 of 2013

                           BETWEEN:-
                           KESHAV PRASAD PANDEY S/O SHRI NATHURAM
                           PANDEY, AGED ABOUT 48 YEARS, OCCUPATION: EX
                           PART TIME TEACHER VILL.GATA KODIYA TEH.
                           PATERA POST OFFICE BARKHEDA BAIS DAMOH
                           (MADHYA PRADESH)

                                                                             .....PETITIONER
                           (BY SHRI RAUNAK YADAV - ADVOCATE)

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

                           2.    COMMISSIONER   PUBLIC    INSTRUCTION,
                                 GAUTAM NAGAR, DISTT. BHOPAL (MADHYA
                                 PRADESH)

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

                                          WRIT PETITION No. 10936 of 2017

                           BETWEEN:-
                           RAGVENDRA PRASAD PANDEY S/O SHRI M.P. PANDEY,
                           AGED ABOUT 50 YEARS, OCCUPATION: EX PART TIME
                           TEACHER 9/378 NIRALA NAGAR REWA (MADHYA
                           PRADESH)

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

                           AND
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 07-05-2024
11:15:36
                                                      2
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE SECREARY SCHOOL EDUCTION DEPT.
                                 MANTRALAYA VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    THE COMMISSIONER DIRECTORATE OF PUBLIC
                                 INSTRUCTION (DPI) GAUTAM NAGAR BHOPAL
                                 (MADHYA PRADESH)

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

                                 This petition coming on for admission this day, the 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, these writ petitions 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 orders are 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, these writ petitions are disposed of.

(VIVEK AGARWAL) JUDGE ks