Madhya Pradesh High Court
Trigal Welfare Department vs Suresh Tiwari on 28 January, 2020
Author: Vandana Kasrekar
Bench: Vandana Kasrekar
:1:
THE HIGH COURT OF MADHYA PRADESH,INDORE BENCH
R.P. No.53-2020
Indore, Dated: 28/01/2020
Shri Nilesh Jagtap, learned Govt. Advocate for the
petitioners/State.
Shri L.C. Patne, learned counsel for the respondent on
advance notice.
Heard on I.A.No.316/2019, which is an application for condonation of delay in filing this petition.
On due consideration, it is found that no proper explanation has been given by the respondent for condoning the delay and, therefore, the I.A. is dismissed.
Also heard on the question of admission. The petitioner has filed the present petition for reviewing the order dated 16.8.2019 passed by this Court in W.P. 3253/2005. That, while disposing of the writ petition this Court has set aside the order dated 19.5.2005 and the matter was remanded back to His Excellency the Governor of Madhya Pradesh to decide the appeal within a period of three months from the date of filing of the certified copy of the order, relying on the judgment passed in W.A. No.968/208 by the Larger Bench of this Court in the case of State of M.P. and another vs. P.N. Raikwar and other connected writ appeals. This review petition has been filed by the petitioners/State on the ground that the appeal would lie to the Council of Ministers or Minister. Therefore, the order impugned under Rule 9 of the Pension Rules. In such circumstances, learned counsel for the petitions prays that the present review petition deserves to be allowed.
:1:Learned counsel for the respondent submits that the order impugned has been passed by this Court after relying on the judgment passed by the Larger Bench of this Court in the case of State of M.P. and another vs. P.N. Raikwar. State of M.P. and another vs. P.N. Raikwar. The order passed in the case of P.N. Raikwar has been challenged by the State Government and, therefore, the same has been attained finality and there is no error committed by this Court while passing the impugned order dated 16.8.2019.
After hearing both the learned counsel for the parties and on perusal of the impugned order and other records, I find that there is no error committed by this Court while the impugned order 16.8.2019.
Accordingly, the present petition is dismissed as being sans merit.
(Ms. Vandana Kasrekar) JUDGE moni Digitally signed by Moni Raju Date: 2020.01.28 17:11:18 -08'00'