Ramavtar vs The State Of Madhya Pradesh on 10 January, 2025

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Madhya Pradesh High Court

Ramavtar vs The State Of Madhya Pradesh on 10 January, 2025

Bench: Dwarka Dhish Bansal

          NEUTRAL CITATION NO. 2025:MPHC-JBP:1176




                                                              1                                  WP-118-2025
                              IN     THE     HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        BEFORE
                                      HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                 ON THE 10th OF JANUARY, 2025
                                                 WRIT PETITION No. 118 of 2025
                                               RAMAVTAR AND OTHERS
                                                       Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                              Shri Bharat Deep Singh - Advocate for petitioners.
                              Shri Anshuman Swami - Government Advocate for respondents/State.

                                                                  ORDER

This writ petition has been preferred by the petitioners seeking following reliefs :-

"7.1 Issuing the Writ of certiorari or any other suitable writ or order for setaside the order dated 12/02/2020 (Annexure P/4) in the interest of justice. 7.2 Issuing the writ of Mandamus to direction to the respondents to counting the entire period of the of daily wage service rendered from 01.04.1983 to 30.11.1992 of the petitioner as per Pension rules, 1979 as given in (Annexure-P/2) in the light of Judgement passed by affirmed by Supreme Court in case of Rahisha Begum Vs. State of M.P. and Others, 2010 (4) MPLI 332 and same is relied in the matter of Laxmikant Mishra(Supra) and also affirmed in Hon'ble High Court by the order dated 13/05/2024 passed in WP 1232/2021 Bharosilal v/s state of MP.

7.3 Direct the respondent to issue revised pension payment order (PPO) as well as released revised amount after refixation of pension and other consequential benefits according to length of the service.

7.4 Direct the respondent for the payment of pension amount after refixation with interest @18%. 7.5 Any other appropriate, writ, order or direction which the Hon'ble Court may deems just and proper in the nature and circumstances of the case."

Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 10-01-2025 18:15:06

NEUTRAL CITATION NO. 2025:MPHC-JBP:1176 2 WP-118-2025

2. Learned counsel for the petitioners submits that petitioners' case is covered by the decision of coordinate Bench of this Court in the case of Bharosilal Vs. State of Madhya Pradesh and others, order dated 13/5/2024 in Writ Petition No.1232/2021. Learned counsel for the petitioners submits that in respect of their grievances, the petitioners have already submitted their representations on 23/12/2024 (Annexure P/5) to the respondent 2, but the same has not been decided so far. He submits that the petitioners may be permitted to submit fresh representation in respect of their grievances with further direction to the respondent 2 to decide the same in the light of decision in the case of Bharosilal (Supra) by passing a reasoned and speaking order in a time bound manner.

3. The prayer made by the petitioners 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 by the petitioners is hereby accepted with a direction to the petitioners to resubmit their representation to the respondent 2-Engineer-in-Chief, Water Resources Department, Bhopal within a period of 15 days and in turn, respondent 2 is directed to decide the representation of the petitioners taking into consideration the decision in the case of Bharosilal (supra) within a further period of 90 days from the date of receipt of representation along with the certified copy of the order passed by this Court today by passing a reasoned and speaking order.

5. If the cases of the petitioners are found to be covered by the decision in the case of Bharosilal (supra), the petitioners shall be given the Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 10-01-2025 18:15:06 NEUTRAL CITATION NO. 2025:MPHC-JBP:1176 3 WP-118-2025 requisite benefits in accordance with law.

6. It is also directed that the respondent 2 shall intimate the decision on representation to the petitioners.

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 Arun* Signature Not Verified Signed by: ARUN KUMAR MISHRA Signing time: 10-01-2025 18:15:06

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