Madhya Pradesh High Court

Vijay Kumar Choubey vs State Of M.P. 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. 12447 of 2024

                          BETWEEN:-
                          VIJAY KUMAR CHOUBEY S/O SHRI DHANIRAM
                          CHOUBEY, AGED ABOUT 65 YEARS, OCCUPATION:
                          RETD. ASST. GRADE 2, R/O WARD NO. 35 BESIDES
                          LAXMAN RAJA HOSTEL BAGOTA SAGAR ROAD
                          CHHATARPUR DISTRICT CHHATARPUR (MADHYA
                          PRADESH)

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

                          AND
                          1.    STATE  OF   M.P.    THROUGH   PRINCIPAL
                                SECRETARY,  PANCHAYAT     AND    RURAL
                                DEVELOPMENT      DEPARTMENT    VALLABH
                                BHAWAN BHOPAL (MADHYA PRADESH)

                          2.    CHIEF  ENGINEER,   RURAL   ENGINEERING
                                SERVICE BHOPAL DISTRICT BHOPAL (MADHYA
                                PRADESH)

                          3.    COMMISSIONER,     RURAL     ENGINEERING
                                SERVICE, SAGAR, DISTRICT SAGAR (MADHYA
                                PRADESH)

                          4.    EXECUTIVE ENGINEER, RURAL ENGINEERING
                                SERVICE, CHHATARPUR DISTRICT CHHATARPUR
                                (MADHYA PRADESH)

                          5.    DISTRICT PENSION OFFICER CHHATARPUR
                                DISTRICT CHHATARPUR (MADHYA PRADESH)

                                                                          .....RESPONDENTS
Signature Not Verified
Signed by: VAISHALI
TRIPATHI
Signing time: 5/22/2024
6:22:04 PM
                                                       2
                          (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 petitioner 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
                          VPA