Madhya Pradesh High Court

Koushal Kishor Khare 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. 12435 of 2024

                          BETWEEN:-
                          1.    KOUSHAL    KISHOR   KHARE     S/O    SHRI
                                BRAJNANDAN KHARE, AGED ABOUT 70 YEARS,
                                OCCUPATION: RETIRED    LOWER     DIVISION
                                TEACHER R/O WARD NO. 15, BAJNA MARG KE
                                PASS,  MOHANGANJ    BIJAWAR     DISTRICT
                                CHHATARPUR (MADHYA PRADESH)

                          2.    BAIJNATH PATHAK S/O BHAGWANDAS PATHAK,
                                AGED ABOUT 70 YEARS, OCCUPATION: RETIRED
                                HEAD MASTER R/O HOUSE NO. 638, CHHATARPUR
                                ROAD, NEAR POST OFFICE, GULGANJ TAHSIL
                                BIJAWAR DISTRICT CHHATARPUR (MADHYA
                                PRADESH)

                          3.    YOGESHWAR PRASAD KUDERIYA S/O SHRI DEVI
                                PRASAD KUDERIYA, AGED ABOUT 64 YEARS,
                                OCCUPATION: RETIRED   LOWER     DIVISION
                                TEACHER    R/O   WARD    NO.13,    NEAR
                                RADGARAMAN COLONY, GULGANJ TAHSIL
                                BIJAWAR DISTRICT CHHATARPUR (MADHYA
                                PRADESH)

                          4.    VIJAY KUMAR SHRIVASTAV S/O KASHI PRASAD
                                SHRIVASTAV,  AGED   ABOUT    64   YEARS,
                                OCCUPATION: RETIRED    LOWER    DIVISION
                                TEACHER R/O WARD NO.15, NEAR RAM JANKI
                                TEMPLE, BIJAWAR TAHSIL BIJAWAR DISTRICT
                                CHHATARPUR (MADHYA PRADESH)

                          5.    JAGDISH      PRASAD   UPADHYAY S/O   SHRI
                                BRAJHUSHAN UPADHYAY, AGED ABOUT 62
                                Y E A R S , OCCUPATION:   LOWER  DIVISION
                                TEACHER R/O WARD NO.10, NEW COLONY,
                                BADAMALAHARA        DISTRICT  CHHATARPUR
                                (MADHYA PRADESH)
Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 5/17/2024
11:22:46 AM
                                                               2

                                                                                         .....PETITIONERS
                          (BY SHRI RATNA BHARAT TIWARI - ADVOCATE)

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

                          2.    THE      DISTRICT        EDUCATION    OFFICER
                                C H H A T A R P U R , DISTRICT    CHHATARPUR
                                (MADHYA PRADESH)

                          3.    THE DISTRICT PENSION OFFICER, CHHATARPUR,
                                DISTRICT CHHATARPUR (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