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Madhya Pradesh High Court
Rajesh Kumar Devid vs The State Of Madhya Pradesh on 5 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:3726
1 WP-3274-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
ON THE 5 th OF FEBRUARY, 2026
WRIT PETITION No. 3274 of 2026
RAJESH KUMAR DEVID
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Yash Nagar - Advocate for the petitioner.
Shri Kushagra Singh -Dy.GA for the respondents/State.
ORDER
Since the petitioner has made an innocuous prayer to direct the
respondents to decide the representation, this petition is disposed of with the
consent of both the parties.
2. The petitioner has prayed for the following reliefs:
7.1 Call for the relevant records of the case from the respondents;
7.2 Issue a Writ of Mandamus or any other appropriate writ, order,
or direction, commanding the Respondents to count the
Petitioner's daily- wage service rendered from 08.07.2004 to
18.05.2015 as "Qualifying Service" for the purpose of calculating
pension, gratuity, and all other 'retiral benefits;
7.3 Direct the Respondents to re-calculate and revise the
Petitioner's pensionary-benefits by treating his date of
commencement of qualifying service as 08.07.2004 (the date of
NEUTRAL CITATION NO. 2026:MPHC-IND:3726
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initial appointment) instead of 18.05.2015;
7.4 Direct the Respondents to decide' the Petitioner's pending -
representation dated 14.01.2026 (Annexure P/5) in a time-bound
'manner, keeping in view the law laid down by the Hon'ble
Supreme Court in Prem Singh v. State of Uttar Pradesh (2019) and
the water resource department's precedent dated 22:10.2025
(Annexure P/8);
7.5 Command the Respondents to pay the differential amount
(arrears) of pension, gratuity, and other retiral dues to the
Petitioner along with interestat the rate of 12% per annum from
the date of retirement (31.08.2025) until the actual date of
payment;
7.6 Pass such other and further orders or directions as this Hon'ble
Court may deem fit and proper in the interest of justice.
3. It is the case of the petitioner that the department is granting the
pensionary benefits only from the date of his regularization in service i.e.
18.05.2015 whereas he ought to have been given the said benefit from the
date of his initial appointment i.e. 08.07.2004. The petitioner has also relied
upon a similar matter which has been decided by this Court in
W.P.No.3329/26 dated 30.01.2026 (Dilip Kumar Joshi vs. The State of M.P
and others), wherein this Court relying upon the judgment passed by the
Apex Court in in the case of Prem Singh Vs. State of U.P. - AIR 2019 SC
4390 (Civil Appeal No.6789/2019), has disposed of the similar matter
directing the respondents to consider the case of the petitioner in the light of
the aforesaid judgment and if it is found that the petitioner is entitled for the
NEUTRAL CITATION NO. 2026:MPHC-IND:3726
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benefits from the date of initial appointment, the same shall be extended to
the petitioner within a period of 60 days from the date of receipt of certified
copy of the order.
4. In view of the above, it is directed that the respondents shall
consider the case of the petitioner strictly in the light of the judgment passed
by the Apex Court in Prem Singh (supra), which has also been taken into
consideration by the Division Bench of this Court in W.A.No.1238/2023
dated 12.01.2024 , within a period of 60 days from the date of receipt of
certified copy of this order. It is made clear that if the respondents for any
reason finds that the petitioner is not entitled for the said benefit which he
has claimed, they are free to pass a reasoned and speaking order and
communicate the same to the petitioner within the aforesaid period.
5. With the aforesaid observation, this petition stands disposed of.
(JAI KUMAR PILLAI)
JUDGE
hk/
