Madhya Pradesh High Court

Ajay Kumar Sharma vs The State Of Madhya Pradesh on 9 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 9 th OF MAY, 2024
                                            WRIT PETITION No. 20062 of 2012

                         BETWEEN:-
                         AJAY KUMAR SHARMA S/O SHRI CHANDRA PAL
                         SHARMA, AGED ABOUT 47 YEARS, OCCUPATION: EX
                         PART TIME TEACHER STENO TYPING TRADE, GOVT.
                         M.L.B. GIRLS HIGHER SECONDARY SCHOOL, SEHORE,
                         R/O KUDEEP SETHI KA BAGICHA STATION ROAD
                         NEHRU COLONY SEHORE (MADHYA PRADESH)

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

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

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

                                                                                      .....RESPONDENTS
                         (BY SHRI TAPAN BATHRE - PANEL LAWYER)

                               T h is petition coming on for orders this day, t h e cou rt passed the
                         following:
                                                             ORDER

Petitioner's contention is that his 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.

2. The aforesaid fact could not be disputed by the State Government.

3. Accordingly, this 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 petitioner 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.

4. In above terms, this writ petition is disposed of.

(VIVEK AGARWAL) JUDGE ts