Madhya Pradesh High Court
Tulsiram Patel vs The State Of Madhya Pradesh on 20 December, 2024
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
NEUTRAL CITATION NO. 2024:MPHC-JBP:63719
1 WP-37709-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 20th OF DECEMBER, 2024
WRIT PETITION No. 37709 of 2024
TULSIRAM PATEL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri R.B. Tiwari, Advocate for petitioner.
Shri Lalit Joglekar, Govt. Advocate for respondents-State.
ORDER
This writ petition has been preferred by the petitioner seeking the following reliefs :-
"I. Issue a writ in the nature of mandamus directing the respondents to count the past services rendered by the petitioner from his initial appointment i.e. 6 years 7 months 21 days for the purpose pensionary benefits, in the interest of justice.
II. Issue a writ in the nature of mandamus directing the respondents to count the past services rendered by the petitioner from his initial appointment i.e. 6 years 7 months 21 days for the purpose pensionary benefits and the arrears alongwith interest @ 12% per annum paid to the petitioner, in the interest of justice.
III. Issue a writ in the nature of mandamus directing the respondent No. 2 to consider and decide the pending representation vide Annexure P/5 for consideration of claim of petitioner for counted past Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 20-12-2024 6:44:56 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:63719
2 WP-37709-2024 services rendered by the petitioner as daily rated, in the interest of justice.
IV. Issue any other writ, order or direction as this Hon'ble Court deem fit."
2. Learned counsel for the petitioner submits that the petitioner's case is squarely covered by the decisions given by a coordinate Bench of this Court in the case of Gaurishankar Pandey Vs. State of M.P. and others in W.P. No.16652/2016, decided on 04.10.2017 (at Jabalpur); Rajendra Korekar Vs. The State of Madhya Pradesh through Principal Secretary and others in W.P. No. 16463/2021, decided on 07.02.2024 (at Indore) and Bharosilal Vs. State of Madhya Pradesh through Principal Secretary and others in W.P. No. 1232/2021 decided on 13.05.2024 (at Gwalior). He submits that in respect of his grievance he has already submitted his representation (Annexure P/5) to respondent 1 but the same has not been decided so far. He further submits that he may be permitted to file fresh representation in respect of his grievance with further direction to respondent 2 to decide the same in the light of decisions in the case of Gaurishankar Pandey (supra), Rajendra Korekar (supra) and Bharosilal (supra) by passing a reasoned and speaking order in a time bound manner.
3. The prayer made by the petitioner has not been opposed by the learned counsel appearing for the respondents/State.
4. After hearing learned counsel for the parties, the innocuous prayer made on behalf of the petitioner is hereby accepted with a direction to the petitioner to resubmit his representation to respondent 2 within a period of Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 20-12-2024 6:44:56 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:63719 3 WP-37709-2024 15 days and in turn, respondent 2 is directed to consider and decide the representation of the petitioner taking into consideration the decisions in the case of Gaurishankar Pandey (supra), Rajendra Korekar (supra) and Bharosilal (supra) within a period of 90 days from the date of receipt of representation along with the certified copy of this order passed by this Court today by passing a reasoned and speaking order.
5. If the case of petitioner is found to be covered by the decisions in the case of Gaurishankar Pandey (supra), Rajendra Korekar (supra) and Bharosilal (supra), the petitioner shall be given the requisite benefits in accordance with law.
6. It is also directed that the respondent 2 shall intimate the decision on representation to the petitioner.
7. It is made clear that this Court has not expressed any opinion on merits and demerits of the case.
8. With the aforesaid, this writ petition is disposed off.
9. Misc. application(s), pending if any, shall stand closed.
(DWARKA DHISH BANSAL) JUDGE KPS Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 20-12-2024 6:44:56 PM