Madhya Pradesh High Court

WP/29777/2023 of VIJAY KUMAR DWIVEDI Vs THE STATE OF MADHYA PRADESH on 3 February 2026

COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

ON THE 4th OF DECEMBER, 2023

WRIT PETITION No. 29777 of 2023

BETWEEN:-

VIJAY KUMAR DWIVEDI S/O SHRI BHANUPRATAP

DWIVEDI, AGED ABOUT

62 YEARS, OCCUPATION:

RETIRED 1109/29, NANDA NAGAR, INDORE DISTRICT

INDORE (MADHYA PRADESH)

.....PETITIONER

(BY SHRI PRASANNA R. BHATNAGAR - ADVOCATE)

AND

1.

THE STATE OF MADHYA PRADESH PRINCIPAL

SECRETARY SCHOOL EDUCATION DEPARTMENT

VALLABH BHAWAN, MANTRALAYA, DISTRICT

BHOPAL (MADHYA PRADESH)

2.

COMMISSIONER

PUBLIC

INSTRUCTIONS

SCHOOL

EDUCATION

DEPARTMENT NEAR

CHETAK BRIDGE BHOPAL (MADHYA PRADESH)

3.

COLLECTOR COLLECTOR

OFFICE

INDORE

(MADHYA PRADESH)

4.

DISTRICT

EDUCATION

OFFICER

SCHOOL

EDUCATION

DEPARTMENT BADA

GANPATI

5.

SHRI

DIGAMBAR

JAIN

MIDDLE

SCHOOL

NAVLAKHA

THROUGH

PRESIDENT

OF

MANAGEMENT

COMMITTEE NAVLAKHA

INDORE (MADHYA PRADESH)

.....RESPONDENTS

(BY MS. HARSHLATA SONI - G.A./P.L.)

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

PANDEY

Page 1 of 2

ORDER

This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:- "It is, therefore, prayed that this writ petition may kindly be allowed with cost and by issuing appropriate writ, order or direction, and: 7.1 A Writ of mandamus may kindly be issued to the respondents and the respondents may kindly be directed to pay the amount of gratuity to the petitioner with applicable interest as per the provisions of Payment of Gratuity Act, 1972. 7.2 A Writ in the nature of mandamus may kindly be issued and the respondents may kindly be directed to pay the amount of special allowance to petitioner w.e.f. July, 2019 to the date of retirement i.e. 31.07.2023.

7.3. Any other relief, which this Hon’ble Court deems fit and proper in the interest of justice, Equity and good conscience may be granted."

2. Counsel for the petitioner has submitted that a representation has already been filed by the petitioner, however, the same has still not been decided by the respondents, despite the fact that the case of the petitioner is squarely covered by an order passed by the Division Bench of this Court in W.A. No.2111/2019 dated 29.05.2020.

3. Counsel for the respondents submits that the representation shall be decided, in accordance with law.

4. In view of the same, this Court is inclined to dispose of this writ petition with a direction to the petitioner to file a fresh representation along with all the relevant documents to the respondent Nos.4/5/competent authority within two weeks time, who shall decide the same, in accordance with law by a reasoned and speaking order within a further period of six weeks.

5. It is made clear that this Court has not reflected upon the merits of the case.

6. With the aforesaid, the writ petition stands disposed of.

PANDEY

(SUBODH ABHYANKAR) JUDGE Pankaj

PANDEY

Page 2 of 2

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