Madhya Pradesh High Court

Bharat Giri Goswami vs The State Of Madhya Pradesh on 9 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 9 th OF MAY, 2024
                                          WRIT PETITION No. 11944 of 2024

                          BETWEEN:-
                          1.    BHARAT GIRI GOSWAMI S/O LATE SHRI
                                DEENDAYAL GIRI GOSWAMI, AGED ABOUT 64
                                YEARS, OCCUPATION: RETIRED- UPPER DIVISION
                                TEACHER (UDT) WARD NO.04, POST UKWA,
                                TEHSIL PARASWADA, DISTRICT BALAGHAT
                                (MADHYA PRADESH)

                          2.    NARENDRA KUMAR PARASHAR S/O LATE SHRI
                                GOVINDLAL PARASHAR, AGED ABOUT 64 YEARS,
                                OCCUPATION: RETIRED ASSISTANT TEACHER
                                BLOCK PARASWADA R/O WARD NO. 04 POST
                                UKWA    TEHSIL   PARASWADA    DISTRICT
                                BALAGHAT (MADHYA PRADESH)

                                                                             .....PETITIONERS
                          (BY SHRI RAMNARESH VISHWAKARMA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL   SECRETARY TRIBAL AFFAIRS
                                DEPARTMENT MANTRALAYA VALLABH BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          2.    THE      COMMISSIONER TRIBAL      AFFAIRS
                                D EPARTM EN T SATPURA BHAWAN      BHOPAL
                                (MADHYA PRADESH)

                          3.    ASSISTANT COMMISSIONER TRIBAL AFFAIRS
                                DEPARTMENT BALAGHAT DISTRICT BALAGHAT
                                (MADHYA PRADESH)

                          4.    DISTRICT    PENSION    OFFICER BALAGHAT
                                DISTRICT BALAGHAT (MADHYA PRADESH)
Signature Not Verified
Signed by: MANVENDRA
SINGH PARIHAR
Signing time: 5/17/2024
5:00:35 PM
                                                               2

                          5.    DISTRICT TREASURY OFFICER BALAGHAT
                                DISTRICT BALAGHAT (MADHYA PRADESH)

                          6.    BLOCK DEVELOPMENT OFFICER PARASWADA
                                DISTRICT BALAGHAT (MADHYA PRADESH)

                          7.    SANKUL    PRACHARYA GOVERNMENT GIRLS
                                HIGHER SECONDARY SCHOOL UKWA DISTRICT
                                BALAGHAT (MADHYA PRADESH)

                          8.    SANKUL    PRACHARYA GOVERNMENT BOYS
                                HIGHER SECONDARY SCHOOL UKWA DISTRICT
                                BALAGHAT (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.

The 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