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2024 Supreme(Online)(MP) 29370
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 30th OF APRIL, 2024
WRIT PETITION No. 10590 of 2024
BETWEEN:-
SUNETRA KELAPURE W/O SHRI PRASHANT KELAPURE,
AGED ABOUT 59 YEARS, OCCUPATION: SERVICE R/O E-
7/550, ARERA COLONY, BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI NIKHIL SHARMA - ADVOCATE APPEARS THROUGH VIDEO
CONFERENCING)
AND
1.
THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL
SECRETARY
DEPARTMENT
OF
SOCIAL
JUSTICE
AND
DISABLES WELFARE
VALLABH
BHAWAN,
BHOPAL
(MADHYA
PRADESH)
2.
THE COMMISSIONER SOCIAL JUSTICE AND
DISABILITY WELFARE DEPARTMENT PATRAKA
COLONY LINK ROAD - 3 BHOPAL (MADHYA
PRADESH)
3.
SECRETARY GENERAL MIRIAM SCHOOL FOR
THE MENTALLY HANDICAPPED B-BLOCK ASHA
NIKETAN COMPLEX E-6 ARERA COLONY BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI VIVEK SHARMA - DEPUTY ADVOCATE GENERAL FOR THE
RESPONDENTS NO.1 AND 2-STATE)
This petition coming on for admission this day, the court passed the
following:
Nikhil Sharma,Advocate General
ORDER
Shri Nikhil Sharma, learned counsel for the petitioner appearing through video conferencing, submits that case of the petitioner is squarely covered by the order dated 28th February, 2024 passed by the Indore Bench of this High Court in W.P. No.4098 of 2024 (Smt. Nisha Kulkarni and others Vs. The State of Madhya Pradesh and others). Said order is applicable mutatis mutandis to the facts and circumstances of the case and, therefore, a prayer is made that similar direction be issued in this case also.
Accordingly, since case of the petitioner is squarely covered by the aforesaid order, therefore the present writ petition is also disposed of on the same terms by holding that the order dated 28th February, 2024 passed by the Indore Bench of this High Court in W.P. No.4098 of 2024 (Smt. Nisha Kulkarni and others Vs. The State of Madhya Pradesh and others) will apply mutatis mutandis in the present case also, unless it is set aside in the writ appeal or the SLP. If the said order is not set aside in the writ appeal or the SLP then, the said benefit be extended in favour of the petitioner within a period of 30 days from the date of receipt of certified copy of this order.
In above terms, this writ petition is disposed of.
(VIVEK AGARWAL) JUDGE pp
