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2005 Supreme(MP) 1192

SUBHASH SAMVATSAR, RAJENDRA MENON, P.K.JAISWAL
Vishnu – Appellant
Versus
State of M. P. – Respondent


Advocates:
Neeraj Shrivastava for petitioners; S.B. Mishra, Additional
Advocate General with Vivek Khedkar, Government Advocate for State.

JUDGEMENT

Samvatsar, J. -1. This matter is referred to the Full Bench as a Single Judge of this Court found that there are conflicting judgments of two Division Benches of this Court on the question. Whether a Gangman can be retired before attaining the age of 62 years. The Division Bench of this Court in the order passed in Letters Patent Appeal No. 51 of 2004, State of Madhya Pradesh v. Bharosi, decided on 27.10.2004 has laid down that a Gangman cannot be retired before attaining the age of 62 years. A similar view is taken by another Division Bench of this Court in the case of State of Madhya Pradesh v. Bhajanlal and others [2004 (3) MPHT 143 (DB)], while in another case, i.e., Writ Petition No. 5484 of 2002, Gulab Singh v. State of M.P. and others, delivered on 10.2.2005, a Division Bench of this Court at the Main Seat at Jabalpur has laid down that Gangman can be retired before completion of 62 years of his age. As there is a conflict of judgments on the aforesaid question, the matter is referred to this Full Bench for opinion as to which of those judgments lays the Correct law.

2. From perusal of the judgments in the cases of State of Madhya Pradesh v. Bharosi (supra) and State






















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