Madhya Pradesh High Court
Gulab vs Public Works Department on 14 June, 2016
1
W.P. No.874/2016
13/06/2016
Ms. Ranjana Gawade, learned counsel for the
petitioner.
Shri Aniket Naik, learned counsel for the
respondent /State.
Heard.
Petitioner has filed the present petition praying for direction to the respondents to grant him benefit of the full pension.
The case of the petitioner is that he was appointed as Gangman on 01/01/1986 in the P.W.D and after serving the department for 28 years, he has retired on 31/08/2014.
Learned counsel for the petitioner submits that the point involved in this case has already been considered and decided by this Court in the matter of State of M.P. and others Vs. Mohammad Sadiq reported in 2010 (4) MPLJ Page 367. She further submits that relying on the said judgment, this Court has already disposed of W.P. No.2726/2011 vide order dated 09/12/2011 in the matter of Hari Narayan Sharma Vs. State of M.P. & Ors. She 2 further submits that as the case of the petitioner is squarely covered by judgment passed in the matter of Mohammad Sadiq (Supra) therefore the respondents be directed to examine the case of the petitioner in the light of the judgment passed in Mohammad Sadiq (Supra).
In view of the aforesaid, the petition filed by the petitioner is disposed of with direction to the respondent/competent authority to consider and decide the case of the petitioner in the light of judgment passed in the matter of Mohammad Sadiq (Supra) and if the petitioner is found eligible the same benefit be granted to the petitioner. The aforesaid exercised be carried out within a period of three months from the date of receipt of certified copy of this order.
With the aforesaid observation and direction, writ petition stands disposed of.
No order as to costs. C.C as per rules.
(Ms. Vandana Kasrekar) Judge sumathi