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2024 Supreme(Online)(MP) 40166

HIGH COURT OF MADHYA PRADESH
Sanjay Kumar Shrivastava – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 4421/2022



Advocates:
Sanjeev Kumar Singh,Advocate General

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL th ON THE 15 OF MAY, 2024 WRIT PETITION No. 4421 of 2022 BETWEEN:-

1. SANJAY KUMAR SHRIVASTAVA S/O SHRI L.L.SHRIVASTAVA, AGED ABOUT 52 YEARS, OCCUPATION: EXPART TIME TEACHER ACCOUNTANCY (GOVT.H.S.S.NO.2 TIKAMGARH) BHANPURTARWAJA CHAKKI SETH KA BADA TIKAMGARH (MADHYA PRADESH)

2. SURENDRA KUMAR BILGANYIA S/O SHRI BRAJNANDAN BILGANYIA, AGED ABOUT 50 YEARS, OCCUPATION: EX PART TIME TEACHER (GOVERNMENT HIGHER SECONDARY SCHOOL NO. 2 TIKAMGARH R/O NEAR COLLECTOR OFFICE TIKAMGARH DISTRICT TIKAMGARH M.P.

(MADHYA PRADESH)

3. RAJENDRA KUMAR OMARE S/O SHRI OMKAR ARYA, AGED ABOUT 52 YEARS, OCCUPATION: EX PART TIME TEACHER R/O POLICE STATION LAKDI KA TAL NOWGAON CHHATARPUR DISTRICT CHHATARPUR M.P. (MADHYA PRADESH)

4. DEVENDRA KUMAR DIXIT S/O SHRI BABULAL DIXIT, AGED ABOUT 50 YEARS, OCCUPATION: EX PART TIME TEACHER (GOVERNMENT BOYS HIGHER SECONDARY SCHOOL NO. 2 TIKAMGARH) R/O VILLAGE AND POST KUNDESHWAR TIKAMGARH DISTRICT TIKAMGARH M.P. (MADHYA PRADESH)

5. RAKESH SIROTHIYA S/O LATE SHRI R.P.

SIROTHIYA, AGED ABOUT 57 YEARS, OCCUPATION: EX PART TIME TEACHER R/O WARD NO 6 KATRA BAZAR CHOURAHA NEAR DOUBLE POLE TIKAMGARH DISTRICT TIKAMGARH M.P. (MADHYA PRADESH)

.....PETITIONERS (BY SHRI SANJEEV KUMAR SINGH - ADVOCATE)

Signature Not Verified Signed by: MOHD TABISH AND

1. THE STATE OF MADHYA PRADESH THROUGH SECRETARY EDUCATION DEPTT. VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. COMMISSIONER THROUGH THE DIRECTORATE PUBLIC INSTRUCTIONS DISTRICT BHOPAL M.P.

(MADHYA PRADESH)

3. DISTRICT EDUCATION OFFICER TIKAMGARH DISTRICT TIKAMGARH M.P. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI T.K. KHADKA - PANEL LAWYER FOR THE STATE)

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

ORDER

Petitioners' contention is that their case is squarely covered by the Division Bench Judgment of this High Court in Writ Appeal No.1187/2013 (Mahesh Gunjele versus State of Madhya Pradesh & Another) decided on 26.11.2015 The aforesaid fact could not be disputed by the State Government.

Accordingly, this writ petition can be disposed of in terms of the Division Bench Judgment of this High Court in Writ Appeal No.1187/2013 (Mahesh Gunjele versus State of Madhya Pradesh & Another) decided on

26.11.2015. The impugned order is hereby quashed.

It is directed that if there is no other legal hindrance, the petitioners be given the same benefit as has been extended by the Hon'ble Division Bench of this High Court in Writ Appeal No.1187/2013 (Mahesh Gunjele versus State of Madhya Pradesh & Another) decided on 26.11.2015 within a period of sixty days from the date of receipt of certified copy of the order Signature Not Verified Signed by: MOHD TABISH being passed today.

In above terms, this writ petition is disposed of.

(VIVEK AGARWAL)

JUDGE MTK Signature Not Verified Signed by: MOHD TABISH

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