Madhya Pradesh High Court
Shivcharan Hajare vs The State Of Madhya Pradesh on 22 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 22 nd OF MAY, 2024
WRIT PETITION No. 13842 of 2024
BETWEEN:-
1. SHIVCHARAN HAJARE S/O LATE SHRI BAKARMA
HAJARE, AGED ABOUT 66 YEARS, OCCUPATION:
RETIRED AS U.D.T. GOVT. MIDDLE SCHOOL
TEMNI B.E.O. BETUL PATEL WARD SADAR
DISTRICT BETUL (MADHYA PRADESH)
2. SMT KANTA SAD W/O SHRI KUNDLIK RAO SAD,
AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
AS ASSISTANT TEACHER GOVT MIDDLE SCHOOL
SAIKHEDA B.E.O. PRABHAT PATTAN R/O
SAIKHEDA (KHURD) POST SIRDI DISTRICT BETUL
(MADHYA PRADESH)
3. DILIP KUMAR SONI S/O SHRI LATE BABOOLAL
SONI, AGED ABOUT 63 YEARS, OCCUPATION:
RETIRED AS UPPER DIVISION TEACHER GOVT
MIDDLE SCHOOL ARJUNWADI B.E.O. BETUL R/O
LIG 62 HOUSING BOARD COLONY BETUL GANJ
DISTRICT BETUL (MADHYA PRADESH)
4. RAMESH KUMAR KAROLE S/O SHRI TULSIRAM
KAROLE, AGED ABOUT 63 YEARS, OCCUPATION:
RETIRED AS ASSISTANT TEACHER GOVT
PRIMARY SCHOOL SONKHEDI B.E.O. BETUL R/O
SHIVAJI NAGAR BETUL BAJAR ROAD DISTRICT
BETUL (MADHYA PRADESH)
5. MOHAMMAD ABDUL HANIF S/O SHRI
MOHAMMAD ABDUL KAYYUM, AGED ABOUT 68
YEAR S, OCCUPATION: RETIRED AS ASSISTANT
TEACHER GOVT PRIMARY SCHOOL BADORA
B.E.O. BETUL R/O LINK ROAD CHANDRA
SHEKHAR WARD BETUL DISTRICT BETUL
(MADHYA PRADESH)
Signature Not Verified
Signed by: PREMSHANKAR
MISHRA
Signing time: 5/24/2024
1:01:38 PM
2
6. SMT ASHA JAIN W/O SHRI BHANU KUMAR JAIN,
AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
AS ASSISTANT TEACHER GOVT NAVEEN
PRIMARY SCHOOL DWARKANAGAR BADORA
BETUL B.E.O. BETUL R/O TAIGOR WARD
HOUSING BOARD COLONY MIG 61 GANJ BETUL
DISTRICT BETUL (MADHYA PRADESH)
7. BONDRYA BAMNE S/O HAGRI BAMNE, AGED
ABOUT 65 YEARS, OCCUPATION: RETIRED AS
HEAD MASTER GOVT GIRLS PRIMARY SCHOOL
BETUL BAZAR B.E.O. BETUL R/O SERVODAY
SCHOOL KE PASS SADAR BETUL DISTRICT BETUL
(MADHYA PRADESH)
8. GADIRAM GAWHADE S/O GULAB RAO GAWHARE,
AGED ABOUT 72 YEARS, OCCUPATION: RETIRED
AS HEAD MASTER, GOVT UCHCHATAR MIDDLE
SCHOOL AMLA B.E.O. BETUL R/O ARJUN WARD
KHANJANPUR BETUL DISTRICT BETUL (MADHYA
PRADESH)
9. SANTOSH KUMAR GAWHADE S/O GULABRAO
GAWHADE, AGED ABOUT 64 YEARS,
OCCUPATION: RETIRED AS ASSISTANT TEACHER
GOVT UCHCHATAR MADHYAMIK SCHOOL BETUL
BAZAR B.E.O. BETUL R/O GADHA GHAT ROAD
PATAP WARD TIKARI BETUL DISTRICT BETUL
(MADHYA PRADESH)
10. KAMLESH RAO ADLAK S/O NARAYAN RAO
ADLAK, AGED ABOUT 64 YEARS, OCCUPATION:
RETIRED AS LECTURER GOVT JILA SHIKSHA
AVAM PRASHIKSHAN SNASTHA (DIET) PRABHAT
PATTAN BETUL R/O 375/1 GADHA GHAT ROAD
SEMAL WALE BABA KE PASS PRATAP WARD
TIKARI BETUL (MADHYA PRADESH)
11. ITTHOL RAO DESHMUKH S/O SHRI TEJI RAO
DESHMUKH, AGED ABOUT 63 YEARS,
OCCUPATION: RETIRED AS ASSISTANT TEACHER
GOVT MIDDLE SCHOOL KIDA ROATI B.E.O.
BETUL R/O PRATAPWD MEN ROAD TIKARI
GADHA GHAT BETUL DISTRICT BETUL (MADHYA
PRADESH)
12. ASHOK KUMAR SONI S/O SHRI RAGHUNATH RAO
SONI, AGED ABOUT 69 YEARS, OCCUPATION:
RETIRED AS HEAD MASTER GOVT MIDLE
SCHOOL KODA ROTI B.E.O. BETUL R/O PATEL
SCHOOL KE PASS MALVIYA WARD BETUL
DISTRICT BETUL (MADHYA PRADESH)
Signature Not Verified
Signed by: PREMSHANKAR
MISHRA
Signing time: 5/24/2024
1:01:38 PM
3
13. PANJAB RAO PANDAGRE S/O SHRI LATE GANPATI
PANDAGRE, AGED ABOUT 65 YEARS,
OCCUPATION: RETIRED AS UPPER DIVISION
TEACHER GOVT UCHCHATER MADHYAMIK
SCHOOL BORGAON B.E.O. BETUL R/O GOTHI
COLONY KOTHI BAZAR BETUL DISTRICT BETUL
(MADHYA PRADESH)
14. CHANDRA SADAN BATHRI S/O SHRI LATE FATU
LAL BATHRI, AGED ABOUT 67 YEARS,
OCCUPATION: RETIRED AS UPPER DIVISION
TEACHER GOVT UCHCHATAR MADHYAMIK
SCHOOL KHANDARA B.E.O. BETUL R/O VIKAS
NAGAR PAL KIRANA STORE KE PASS BETUL
DISTRICT BETUL (MADHYA PRADESH)
15. MADHO RAO MATHANKAR S/O SHRI LATE
PANDURANG MATHANKAR, AGED ABOUT 69
Y E A R S , OCCUPATION: RETIRED AS HEAD
MASTER GOVT MIDDLE SCHOOL KUTKHEDI
B.E.O. AMLA, R/O 15/412 CHANDRA SHEKHER
WARD SADAR BETUL DISTRICT BETUL (MADHYA
PRADESH)
16. YADAV RAO MATHANKAR S/O SHRI LATE
PANDURANG MATHANKAR, AGED ABOUT 78
YE A R S , OCCUPATION: RETIRED AS UPPER
DIVISION TEACHER GOVT HIGHER SEC SCHOOL
KHANDARA B.E.O. BETUL R/O CHANDRA
SHEKHER WARD HANUMAN MANDIR KE PASS
MONIKA KIRANA STORE KE SAMNE SADAR
DISTRICT BETUL (MADHYA PRADESH)
17. VARIJ TRIPATHI S/O SHRI LATE INDRA BHUSHAN
TRIPATHI, AGED ABOUT 63 YEARS, OCCUPATION:
LTD GOVT HIGH SEC SCHOOL BETUL GA B.E.O.
BETUL R/O KIDWAI WARD KOTHI BAZAR
DISTRICT BETUL (MADHYA PRADESH)
18. SMT ASHA WAGMODE W/O SHRI PREM RAO
WAGMODE, AGED ABOUT 63 YEARS,
OCCUPATION: RETIRED AS LTD GOVT MIDDLE
SCHOOL KHANJANPUR B.E.O. BETU R/O VIKAS
WARD 28 DISTRICT BETUL (MADHYA PRADESH)
19. SURAJ KUMAR JHOD S/O SHRI LATE KESHAV
RAO JHOD, AGED ABOUT 63 YEARS,
OCCUPATION: RETIRED AS LTD GOVT GIRLS
PRIMARY SCHOOL BETL BAZAR B.E.O. BETUL
B.E.O. BETUL R/O MAHAVEER WARD TIKARI
WARD BETUL DISTRICT BETUL (MADHYA
PRADESH)
Signature Not Verified
Signed by: PREMSHANKAR
MISHRA
Signing time: 5/24/2024
1:01:38 PM
4
20. RAJENDRA PRASAD SURYAWANSHI S/O SHRI
LATE SHIV LAL SURYAWANSHI, AGED ABOUT 63
YEAR S, OCCUPATION: RETIRED AS UTD GOVT
MIDDLE SCHOOL DANORA B.E.O. BETUL R/O
NEAR MATA MANDIR SHANKAR NAGAR WARD
DISTRICT BETUL (MADHYA PRADESH)
21. PREM SHANKAR DIXIT S/O SHRI LATE RAM
RATAN DIXIT, AGED ABOUT 70 YEARS,
OCCUPATION: RETIRD AS PEON DISTRICT
EDUCATION OFFICER BETUL R/O TILAK WARD
TIKARI BETUL DISTRICT BETUL (MADHYA
PRADESH)
22. SMT YAMUNA BAI SONI W/O LATE SHRI SHYAM
RAO SONI, AGED ABOUT 71 YEARS, OCCUPATION:
RETIRED AS (PEON) GOVT H.S. SCHOOL PRABHAT
PATTAN R/O PATE WARD VINAYAK RESIDENCY
BETUL DISTRICT BETUL (MADHYA PRADESH)
23. SMT RAMAKANTI CHOUHAN W/O SHRI RAGHU
SINGH CHOUHAN, AGED ABOUT 64 YEARS,
OCCUPATION: RETIRED AS ASSISTANT TEACHER
GOVT MIDDLE SCHOOL RASHIDIYA BARKHEDI
BHOPAL R/O BAKSHI FARMS KUNDAN NAGAR
AWADHPURI KALA BHOPAL DISTRICT BHOPAL
(MADHYA PRADESH)
24. RAGHU SINGH CHOUHAN S/O LATE SHRI
RATANSINGH CHOUHAN, AGED ABOUT 74 YEARS,
OCCUPATION: RETIED AS UPPER DIVISION
TEACHER GOVT MIDDLE SCHOOL MUNGALIYA
HAT BEO FANDA DISTRICT EDUCATION OFFICER
BHOPAL R/O BAKSHI FARMS KUNDAN NAGAR
AWADHPURI KALA BHOPAL (MADHYA PRADESH)
25. SMT SHAKUNTALA DIXIT W/O SHRI YATENDRA
DIXIT, AGED ABOUT 70 YEARS, OCCUPATION:
RETIRED AS ASSISTANT TEACHER GOVT
PRIMARY SCHOOL BADORA BETUL B.E.O. BETUL
R/O CHANDRA SHEKHAR WARD SADAR BETUL
DISTRICT BETUL (MADHYA PRADESH)
26. SMT ARCHANA RATHOR W/O SHRI RAJKUMAR
RATHOR, AGED ABOUT 65 YEARS, OCCUPATION:
RETIRED AS LECTURER GOVT GIRLS H.S.S.
BETUL GANJ B.E.O. BETUL R/O CHANDRA
SHEKHAR WARD SADAR BETUL DISTRICT BETUL
(MADHYA PRADESH)
27. MAHTAB SINGH THAKUR S/O SHRI HOSHIYAR
Signature Not Verified
Signed by: PREMSHANKAR
MISHRA
Signing time: 5/24/2024
1:01:38 PM
5
SINGH THAKUR, AGED ABOUT 70 YEARS,
OCCUPATION: RETIRED AS ASSISTANT TEACHER
GOVT MIDDLE SCHOOL DUDARIYA BETUL R/O
DUDARIYA TEHSIL AMLA BETUL DISTRICT
BETUL (MADHYA PRADESH)
28. SMT DURGA BIHARIYA W/O SHRI MAHENDRA
KUMAR BIHARIYA, AGED ABOUT 65 YEARS,
OCCUPATION: RETIRED AS ASSISTANT TEACHER
GOVT PRIMARY SCHOOL KHEDLI BAZAR BETUL
B.E.O. AMLA R/O VPO KHEDLI BAZAR, AMLA
DISTRICT BETUL (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI S.K. RAGHUVANSHI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY DEPARTMENT OF
SCHOOL EDUCATION VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. THE COMMISSIONER SCHOOL EDUCATION
BHOPAL (MADHYA PRADESH)
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS
SCHOOL EDUCATION BHOPAL BHOPAL BHOPAL
(MADHYA PRADESH)
4. THE DIRECTOR PENSION PROVIDENT FUND AND
INSURANCE OFFICER BHOPAL (MADHYA
PRADESH)
5. THE DISTRICT EDUCATION OFFICER BETUL
DISTRICT BETUL (MADHYA PRADESH)
6. THE DISTRICT EDUCATION OFFICER BHOPAL,
DISTRICT BHOPAL (MADHYA PRADESH)
7. THE DISTRICT PENSION OFFICER/ DISTRICT
TREASURY OFFICER, BETUL DISTRICT BETUL
(MADHYA PRADESH)
8. THE DISTRICT PENSION OFFICER DISTRICT
TREASURY OFFICER, BHOPAL DISTRICT BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
Signature Not Verified
Signed by: PREMSHANKAR
MISHRA
Signing time: 5/24/2024
1:01:38 PM
6
(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.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
psm
