Madhya Pradesh High Court
WP/28536/2023 of KARAN SINGH YADAV Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRAON THE 2[nd] OF FEBRUARY, 2024
WRIT PETITION No. 28536 of 2023
BETWEEN:-
1.KARAN SINGH YADAV S/O SHRI RAM SINGHYADAV, AGED ABOUT 64 YEARS, OCCUPATION:LAB ATTENDANT FROM HIGHER EDUCATIONDEPARTMENT R/O NEAR MVM COLLEGE, H-3/7,POLICE CONTROL ROOM CAMPUS,JAHANGIRABAD HUZUR, DISTRICT BHOPAL(MADHYA PRADESH)
2.MANI RAM S/O SHRI KUL BAHADUR, AGEDABOUT 64 YEARS, OCCUPATION: LABATTENDANT FROM HIGHER EDUCATIONDEPARTMENT R/O BAGSEWANIYA NAGARPURANI BASTI KOTRA NEAR RAM MANDIRWARD NO.55 ZONE-15 HUZUR DISTRICT BHOPAL(MADHYA PRADESH)
3.PARAS NATH SINGH S/O SHRI DHARAM NATHSINGH, AGED ABOUT 67 YEARS, OCCUPATION:LAB ATTENDANT FROM HIGHER EDUCATIONDEPARTMENT R/O LIG-12 BDA FLATS C- SECTORSHAHPURA HUZUR TIRLANGA DISTRICT BHOPAL462016 (MADHYA PRADESH)SINGH, AGED ABOUT 67 YEARS, OCCUPATION:LAB ATTENDANT FROM HIGHER EDUCATIONDEPARTMENT R/O LIG-12 BDA FLATS C- SECTORSHAHPURA HUZUR TIRLANGA DISTRICT BHOPAL462016 (MADHYA PRADESH)
(BY SHRI A.K. SINGH - ADVOCATE)
.....PETITIONERS
AND
1.THE STATE OF MADHYA PRADESH THROUGHTHE PRINCIPAL SECRETARY HIGHEREDUCATION DEPARTMENT MANTRALAYAVALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2.THE COMMISSIONER HIGHER EDUCATIONDEPARTM ENT SATPURA BHAWAN BHOPAL(MADHYA PRADESH)
3.THE AUTHORISED PENSION OFFICERDIVISIONAL PENSION OFFICE SATPURA BHAWAN
(BY SHRI HITENDRA GOLHANI -PANEL LAWYER )
.....RESPONDENTS
This petition coming on for admission this day, the court passed the following:
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ORDER
This petition has been filed seeking the following reliefs :
(i) The Hon’ble High Court may kindly be pleased to issue a Writ inthe nature of mandamus or any other appropriate Writcommanding the respondents to consider the petitioner’srepresentation (Annexure P-6) by speaking order within astipulated period. the nature of mandamus or any other appropriate Writcommanding the respondents to consider the petitioner’srepresentation (Annexure P-6) by speaking order within astipulated period.
(ii) The Hon’ble High Court may kindly be pleased to issue a Writ inthe nature of mandamus or any other appropriate Writcommanding the respondents to pay difference of salary andpension to the petitioners. the nature of mandamus or any other appropriate Writcommanding the respondents to pay difference of salary andpension to the petitioners.
(iii) Any other efficacious remedy/remedies and or relief/reliefs,which this Hon’ble High Court considers fit, necessary andappropriate in the circumstances of the case kindly be granted tothe petitioner. which this Hon’ble High Court considers fit, necessary andappropriate in the circumstances of the case kindly be granted tothe petitioner.
(iv) Costs of the Writ Petition together with petitioner’s counsel fee,ordered to be taxed, against State respondent.ordered to be taxed, against State respondent.
2. It is the case of the petitioners that they were retired from Higher Education Department on the post of Lab Attendant on 30[th] June. The increment whichwas to be granted on 1st of July was denied to them on the ground that theyretired on 30[th] July and were not in service on 1st July.
3. Learned counsels for the parties submit that the question of law that arisesfor consideration in this petition is covered by the judgment of the Hon'bleSupreme Court in SLP (C) No. 8219 of 2020 (Madhya Pradesh PowerTransmission Company Limited and another vs. S.R. Ramchandran & others)dated 11.07.2023. Hence, they plead that this petition be also disposed off onthe same terms.
4. In view of the submission made, the petition is disposed off in terms of theaforesaid judgment of the Hon'ble Supreme Court.
VV
(VISHAL MISHRA)JUDGE