Indra Bhushan Singh Rajput vs The State Of Madhya Pradesh
2024 Latest Caselaw 16480 MP

Madhya Pradesh High Court

Indra Bhushan Singh Rajput vs The State Of Madhya Pradesh on 31 May, 2024

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                            1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                 ON THE 31 st OF MAY, 2024
                                            WRIT PETITION No. 14612 of 2024

                          BETWEEN:-
                          1.    INDRA   BHUSHAN SINGH RAJPUT S/O SHRI
                                RAMNARAYAN SINGH, AGED ABOUT 55 YEARS,
                                OCCUPATION: UNEMPLOYED / EX. PART TIME
                                TEACHER R/O VILLAGE AND POST AMGAON
                                BADA   KARELI   NARSINGHPUR    (MADHYA
                                PRADESH)

                          2.    AJAY SAHU S/O SHRI LAXMAN SINGH SAHU,
                                AGED    ABOUT     55   YEARS, OCCUPATION:
                                UNEMPLOYED/EX PART TIME TEACHER R/
                                HOUSE NO. 121, JUNIOR MIG, OLD SUBHASH
                                NAGAR, NEAR NAGAR NIGAM VACHNALAYA,
                                BHOPAL, DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI S.K. SINGH - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY SCHOOL EDUCATION
                                DEPARTMENT MANTRALAYA VALLABH BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          2.    C O M M I S S I O N E R , PUBLIC INSTRUCTION
                                GAUTAM NAGAR BHOPAL DISTRICT BHOPAL
                                (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI ALOK AGNIHOTRI - GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

Counsel for the petitioner submits that this case is squarely covered with

the order passed in WP No. 3190/2017-Basant Singh Rajput & others vs. The State of Madhya Pradesh & Anr decided on 18th of March, 2024 wherein the Court relying upon a Division Bench decision passed in Writ Appeal No. 1187/2013-Mahesh Gunjele versus State of Madhya Pradesh & Another decided on 26.11.2015 has disposed of the writ petition.

2. The coordinate Bench in the case of Basant Singh Rajput (supra) has disposed of the writ petition in the following manner:

Accordingly, these writ petitions can be disposed of in terms of the Division Bench Judgment of this High Court in Writ Appeal No. 1187/2013 (Mahesh Gunjele versus State of Madhya Pradesh & Another) decided on 26.11.2015. The impugned orders are hereby quashed.It is directed that if there is no other legal hindrance, the petitioners be given the same benefit as has been extended by the Hon'ble Division Bench of this High Court in Writ Appeal No. 1187/2013 (Mahesh Gunjele versus State of Madhya Pradesh & Another) decided on 26.11.2015 within a period of sixty days from the date of receipt of certified copy of the order being passed today.

3. The claim of the petitioners in the present case is that their case is also similar to the case of petitioners whose petition has been decided by the coordinate Bench i.e. WP No. 3190/2017.

4. Considering the aforesaid and in pursuance to the order passed by the Division Bench in the case of Mahesh Gunjele (Supra), the impugned orders dated 08.05.2017 and 10.07.2017 (Annexure P/4) are set aside. It is directed that if there is no impediment in giving benefit to the petitioners in view of the order passed by the Division Bench in the case of Mahesh Gunjele (Supra), the same shall be extended to the petitioners also within a period of 60 days from the date of receipt of the copy of the order.

5. With the aforesaid, this petition is disposed of.

(SANJAY DWIVEDI) JUDGE RAGHVENDRA