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Madhya Pradesh High Court

Ram Manohar Upadhyay vs The State Of Madhya Pradesh on 13 June, 2022

Author: Maninder S Bhatti

Bench: Maninder S Bhatti

                                                                1
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                                               BEFORE
                                               HON'BLE SHRI JUSTICE MANINDER S BHATTI
                                                         ON THE 13th OF JUNE, 2022

                                                     WRIT PETITION No. 7039 of 2022

                                         Between:-
                                    1.   RAM MANOHAR UPADHYAY S/O LATE SHRI
                                         SURAJ P. UPADHYAY, AGED ABOUT 61 YEARS,
                                         OCCUPATION: GOVT. SERVANT R/O GRAM
                                         PIPARIYA, POST TEWAR DIST. JABALPUR,
                                         (MADHYA PRADESH)

                                    2.   MOHD. SALIM S/O LATE SHRI MOHD QUIUM,
                                         AGED ABOUT 61 YEARS, OCCUPATION: GOVT.
                                         SERVANT R/O GRAM AND POST SONPUR
                                         KHAMARIYA DIST. JABALPUR, (MADHYA
                                         PRADESH)

                                    3.   PRAKESH SINGH LODHI S/O LATE SHRI
                                         CHOKELAL LODHI, AGED ABOUT 60 YEARS,
                                         OCCUPATION: GOVT. SERVANT R/O GRAM
                                         PENDARI, POST TEWAR DIST. JABALPUR,
                                         (MADHYA PRADESH)

                                                                                       .....PETITIONERS
                                         (BY SHRI RAJMANI MISHRA, ADVOCATE)

                                         AND

                                    1.   THE STATE OF MADHYA PRADESH THROUGH
                                         THE   PRINCIPAL  SECRETARY  GENERAL
                                         ADMINISTRATION DEPARTMENT VALLABH
                                         BHAWAN BHOPAL (MADHYA PRADESH)

                                    2.   COMMISSIONER MUNICIPAL CORPORATION,
                                         JABALPUR, M.P. MUNICIPAL CORPORATION,
                                         JABALPUR, (MADHYA PRADESH)

                                    3.   CHIEF EXECUTIVE OFFICER OFFICE OF ZILA
                                         P A N C H A YA T DIST. JABALPUR,(MADHYA
                                         PRADESH)
Signature Not Verified

                                                                                      .....RESPONDENTS
  SAN




Digitally signed by SAVITRI PATEL        (BY SHRI PRAMOD KUMAR PANDEY, GOVERNMENT ADVOCATE
Date: 2022.06.14 16:28:03 IST
                                         FOR RESPONDENT NO.1 AND SHRI VIJAYENDRA SING
                                                                2
                                            CHOUDHARY, ADVOCATE FOR RESPONDENT NO.2 )

                                          This petition coming on for admission this day, th e court passed the
                                    following:
                                                                         ORDER

Learned counsel for petitioners submits that the matter stands in a narrow compass inasmuch as, the petitioners who were earlier working as Panchayat Secretary, later on, absorption with the concerned Municipal Corporation, upon merger of the Gram Panchayat into Municipal Corporate. The petitioners further submits that they are entitled for the benefit of Contributing Pension Scheme upon their absorption with Municipal Corporation, for which they have moved representation however, the same has not been considered yet.

Thus, without expressing any opinion on the merits of the case, the present petition stands disposed off with a direction to respondent No.2 to consider and decide the petitioner's representation (Annexure P/4) dated 14.03.2022 by passing a well reasoned and speaking order within a period of 60 days from the date of filing of certified copy of this order.

In addition to above, the petitioners may also pursue his representation before the respondent No.3 as well, for grievances prior to his absorption with the Municipal Corporation.

For the aforesaid, the respondent No.3 shall also consider the eligibility of the petitioners with regard to the benefit of Contributing Pension Scheme.

C.c. as per rules.

Signature Not Verified

(MANINDER S BHATTI) SAN JUDGE sp Digitally signed by SAVITRI PATEL Date: 2022.06.14 16:28:03 IST