Shri Jaipal Singh Thakur vs The State Of Madhya Pradesh
2024 Latest Caselaw 13387 MP

Madhya Pradesh High Court

Shri Jaipal Singh Thakur 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. 11804 of 2024

                          BETWEEN:-
                          1.    SHRI JAIPAL SINGH THAKUR S/O LATE SHRI
                                SHANKAR THAKUR, AGED ABOUT 68 YEARS,
                                OCCUPATION: RETIRED HAND PUMP MECHANIC
                                FROM E.E.P.H.E BALAGHAT DARETT. BALAGHAT
                                R/O WARD NO.28, MAYUR NAGAR, GALI NO.04,
                                BALAGHAT, DISTRICT BALAGHAT (MADHYA
                                PRADESH)

                          2.    SHRI SUSHIL KUMAR SHRIVAS S/O LATE SHRI
                                AMAROOLAL SHRIVAS, AGED ABOUT 68 YEARS,
                                OCCUPATION: RETIRED HAND PUMP MECHANIC
                                FROM E.E.P.H.E. BALAGHAT DERETT., BALAGHAT
                                R/O WARD NO. 32 NEW SHANTI NAGAR
                                BALAGHAT DARETT,       BALAGHAT (MADHYA
                                PRADESH)

                                                                             .....PETITIONERS
                          (BY SHRI B.N. SHARMA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL SECRETARY DEPARTMENT OF P.H.E.
                                VALLABH BHAWAN, BHOPAL, DISTRICT BHOPAL
                                (MADHYA PRADESH)

                          2.    THE EXECUTIVE ENGINEER (EE) BALAGHAT
                                DISTRICT BALAGHAT (MADHYA PRADESH)

                          3.    THE CHIEF ENGINEER J AB ALPUR DIVISION
                                JABALPUR (MADHYA PRADESH)

                          4.    THE ADHEEKSHAN YANTRI (SE) JABALPUR
                                DIVISION JABALPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 5/17/2024
11:22:46 AM
                                                               2

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

                          6.    THE DISTRICT PENSION OFFICER BALAGHAT
                                DISTRICT BALAGHAT (MADHYA PRADESH)

                          7.    THE JOINT DIRECTOR ACCOUNT AND PENSION
                                DIVISIONAL  OFFICE CIVIL LINES JABALPUR
                                (MADHYA PRADESH)

                          8.    THE     COLLECTOR B A L A G H A T 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
                          C