Madhya Pradesh High Court
WP/747/2024 of RADHELAL SHARMA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024
WRIT PETITION No. 747 of 2024
BETWEEN:-
RADHELAL SHARMA S/O LATE SHRI CHHIDILALSHARMA, AGED ABOUT 66 YEARS, OCCUPATION:RETIRED R/O JATA SHANKAR COLONY, BAJARIYA NO6, DAMOH, DISTRICT DAMOH (MADHYA PRADESH)
(BY SHRI VISHAL PATERIYA - ADVOCATE)
.....PETITIONER
AND
1.THE STATE OF MADHYA PRADESH THROUGHPRINCIPAL SECRETARY DEPARTMENT OFSCHOOL EDUCATION LINK ROAD 1 M P NAGARBEHIND DB MALL SHIVAJI NAGAR ZONE 1MAHARANA PRATAP NAGAR BHOPAL (MADHYAPRADESH)PRINCIPAL SECRETARY DEPARTMENT OFSCHOOL EDUCATION LINK ROAD 1 M P NAGARBEHIND DB MALL SHIVAJI NAGAR ZONE 1MAHARANA PRATAP NAGAR BHOPAL (MADHYAPRADESH)
2.THE COMMISSIONER RAJYA SHIKSHA KENDRAPUSTAK BHAWAN, B-WING ARERA HILLSBHOPAL (MADHYA PRADESH)PUSTAK BHAWAN, B-WING ARERA HILLSBHOPAL (MADHYA PRADESH)
3.THE JOINT DIRECTOR OF DIRECTORATE OFTREASURIES AND ACCOUNTS , BLOCK A, 5THFLOOR, PARYAWAS BHAWAN, ARERA HILLS,BHOPAL (MADHYA PRADESH)TREASURIES AND ACCOUNTS , BLOCK A, 5THFLOOR, PARYAWAS BHAWAN, ARERA HILLS,BHOPAL (MADHYA PRADESH)
4.THE DISTRICT EDUCATION OFFICER OFDISTRICT EDUCATION SAGAR DISTRICT SAGAR(MADHYA PRADESH)DISTRICT EDUCATION SAGAR DISTRICT SAGAR(MADHYA PRADESH)
5.THE PENSION OFFICER OF PENSION OFFICESAGAR DISTRICT SAGAR (MADHYA PRADESH)SAGAR DISTRICT SAGAR (MADHYA PRADESH)
(BY SHRI S.K.RAI - GOVT. ADVOCATE )
.....RESPONDENTS
This petition coming on for admission this day, the court passed the following:
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ORDER
Petitioner has filed this petition under Article 226 of Constitution of Indiamaking a prayer for issuing direction/order to respondent for making paymentof pension to petitioner.
2. It is submitted by learned counsel for petitioner that petitioner has fileda representation, which is pending and has not been decided.
3. Govt. Advocate appearing for State submitted that petitioner is not aregular employee and is not entitled for pension.
4. Counsel for petitioner submitted that he was a permanent employeeand was working as Assistant Teacher and he is entitled as per service rules forpension.
5. Considering the facts of the case, writ petition is disposed offdirectingpetitioner to file a fresh detailed representation along with documents on which,his claim is based and on filing of said representation before District EducationOfficer within a period of 15 days' from today, the same shall be considered byrespondent-District Education Officer and reasonable and speaking order bepassed and communicated to petitioner. It is made clear that this Court has notexpressed any opinion on merits of the case.
6. With aforesaid direction, writ petition is disposed off.
Certified copy as per rules.
nd
(VISHAL DHAGAT)JUDGE