Ram Kumar Dubey vs The State Of Madhya Pradesh
2024 Latest Caselaw 15383 MP

Madhya Pradesh High Court

Ram Kumar Dubey 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. 13788 of 2024

                          BETWEEN:-
                          1.    RAM KUMAR DUBEY S/O PARASHRAM DUBEY,
                                AGED ABOUT 63 YEARS, OCCUPATION: RETIRED
                                UPPER DIVISION TEACHER WARD NO.03 NEAR
                                DR. PANDEY LAKHNADON DISTRICT SEONI
                                (MADHYA PRADESH)

                          2.    SANDHYA CHOUHAN W/O SHRI CHHOTE SINGH
                                CHOUHAN,    AGED    ABOUT    63  YEARS,
                                OCCUPATION: RETIRED ASSISTANT TEACHER,
                                GOVT. PRIMARY SCHOOL KHURSIPAR BLOCK
                                LAKHNADON DISTRICT SEONI R/O WARD NO.03
                                NEAR DR. PANDEY LAKHNADON DISTRICT SEONI
                                (MADHYA PRADESH)

                          3.    SMT.   KUSUMLATA DIYAWAR     W/O   SHRI
                                KISHRILAL DIYAWAR, AGED ABOUT 71 YEARS,
                                OCCUPATION: RETIRED ASSISTANT TEACHER,
                                GOVT. MIDDLE SCHOOL BADORA DISTRICT
                                BETUL R/O MUSKAN BEAUTY PARLOUR, VINOBA
                                NAGAR BHAGGUDHANA GANJ BETUL DISTRICT
                                BETUL (MADHYA PRADESH)

                                                                            .....PETITIONERS
                          (BY SHRI SHAKTI KUMAR SONI - ADVOCATE)

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

                          2.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY, TRIBAL WELFARE
                                DEPARTMENT, MINISTRY VALLABH BHAWAN,
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 5/31/2024
10:58:13 AM
                                                      2
                                BHOPAL (MADHYA PRADESH)

                          3.    COMMISSIONER,    PUBLIC  INSTRUCTIONS,
                                MADHYA    PRADESH DIRECTORATE BHOPAL
                                (MADHYA PRADESH)

                          4.    DISTRICT EDUCATION OFFICER BETUL DISTRICT
                                BETUL (MADHYA PRADESH)

                          5.    ASSISTANT COMMISSIONER, TRIBAL WELFARE
                                D E PA R T M E N T DISTRICT SEONI (MADHYA
                                PRADESH)

                          6.    ASSISTANT COMMISSIONER, TRIBAL WELFARE
                                D EPA R TM EN T DISTRICT BETUL (MADHYA
                                PRADESH)

                          7.    DISTRICT     TREASURY     OFFICER/ PENSION
                                OFFICER,     SEONI DISTRICT SEONI (MADHYA
                                PRADESH)

                          8.    DISTRICT     TREASURY    OFFICER/ PENSION
                                OFFICER,    BETUL DISTRICT BETUL (MADHYA
                                PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI SUYASH THAKUR - 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
                          THK