Rajendra Kumar Pathak vs The State Of Madhya Pradesh
2024 Latest Caselaw 15342 MP

Madhya Pradesh High Court

Rajendra Kumar Pathak 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. 14329 of 2024

BETWEEN:-
1.    RAJENDRA KUMAR PATHAK S/O SHRI MURLI
      DHAR PATHAK, AGED ABOUT 70 YEARS,
      OCCUPATION: RETIRED STHAL SAHAYAK R/O
      WARD NO 1 EIDGAAH MOHALLA MUNDI NEAR
      SHIV MANDIR DISTRICT KHANDWA (MADHYA
      PRADESH)

2.    IQBAL AHMAD S/O SHRI SHEIKH GAFFAR, AGED
      ABOUT 70 YEARS, OCCUPATION: RETIRED TRUCK
      DRIVER R/O WARD NO.6 KISHANPURA SINODA
      DISTRICT (MADHYA PRADESH)

                                                  .....PETITIONERS
(BY SHRI AMIT KUMAR CHATURVEDI - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH ITS
      PRINCIPAL SECRETARY DEPARTMENT OF PWD
      VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2.    THE PRINCIPAL SECRETARY DEPARTMENT OF
      FINANCE VALLABH BHAWAN, BHOPAL (MADHYA
      PRADESH)

3.    ENGINEER   IN   CHIEF   PUBLIC WORKS
      DEPARTMENT NIRMAN BHAWAN ARERA HILLS
      BHOPAL (MADHYA PRADESH)

4.    THE EXECUTIVE ENGINEER PUBLIC WORKS
      D E PA R T M E N T (B/R) DIVISION KHANDWA
      (MADHYA PRADESH)

5.    THE EXECUTIVE ENGINEER    PUBLIC WORKS
                                                                 2
                                      D E PA R T M E N T (E/M) DIVISION         KHANDWA
                                      DISTRICT (MADHYA PRADESH)

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

                                                                                             .....RESPONDENTS
                               (BY SHRI S.S. CHAUHAN - 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 & 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.

T he 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
                               SKM




Date: 2024.05.31 12:10:14 +05'30'