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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