Mohammad Shafi Vs. the State of Madhya Pradesh

Mohammad Shafi vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Oct 03, 2012

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Citation: sooperkanoon.com/1043362
Court: Madhya Pradesh High Court
Decided On: Oct 03, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Mohammad Shafi

Advocate Shri. S.P.Khare

Respondent

The State of Madhya Pradesh

Excerpt

writ petition no.10751/2012 03/10/2012 shri s.p.khare, learned counsel for the petitioner. shri rajesh tiwari, learned government advocate for respondents. the claim made by the petitioner is that there was policy decision of the state government reducing the qualifying services for the purposes of grant of benefit of pension, so issued in the year 1996 but the benefit is not extended to the petitioner and he has not been given the pension as yet. it is contended that the controvers.raised in this writ petition has already been decided by this court bench at gwalior against which a writ appeal no.353/2009 was preferred by the state government which has been decided on 12/08/2010, reported in 2011(2)mpht, 113, ( state of m.p.and others versus mohammad sadiq) . even after passing this order, the benefit is not extended to the petitioner, therefore, he is required to approach this court by way of filing this writ petition. the notices of this writ petition were issued to the respondents and though an officer-in-charge is said to be appointed by them but no return has been filed. keeping in view the aforesaid, and considering the division bench decision of this court in the case of state of m.p.and others versus mohammad sadiq (supra).the writ petition is disposed of with a direction to the respondents to examine the claim of petitioner in terms of the decision of this court in the case of mohammad sadiq (supra) and to pass appropriate orders for grant of pension to him if his claim is covered by the decision of this court. let the aforesaid exercise be completed within two months from the date of receipt of certified copy of the order passed today and reasoned order be communicated to the petitioner. the writ petition is finally disposed of. (k.k.trivedi) judge s/-

Full Judgment

WRIT PETITION No.10751/2012 03/10/2012 Shri S.P.Khare, learned counsel for the petitioner.

Shri Rajesh Tiwari, learned Government Advocate for respondents.

The claim made by the petitioner is that there was policy decision of the State Government reducing the qualifying services for the purposes of grant of benefit of pension, so issued in the year 1996 but the benefit is not extended to the petitioner and he has not been given the pension as yet.

It is contended that the controveRs.raised in this writ petition has already been decided by this Court Bench at Gwalior against which a Writ Appeal No.353/2009 was preferred by the State Government which has been decided on 12/08/2010, reported in 2011(2)MPHT, 113, ( State of M.P.and others versus Mohammad Sadiq) .

Even after passing this order, the benefit is not extended to the petitioner, therefore, he is required to approach this Court by way of filing this writ petition.

The notices of this writ petition were issued to the respondents and though an Officer-In-Charge is said to be appointed by them but no return has been filed.

Keeping in view the aforesaid, and considering the Division Bench decision of this Court in the case of State of M.P.and others versus Mohammad Sadiq (supra).the Writ Petition is disposed of with a direction to the respondents to examine the claim of petitioner in terms of the decision of this Court in the case of Mohammad Sadiq (supra) and to pass appropriate orders for grant of pension to him if his claim is covered by the decision of this Court.

Let the aforesaid exercise be completed within two months from the date of receipt of certified copy of the order passed today and reasoned order be communicated to the petitioner.

The Writ Petition is finally disposed of.

(K.K.Trivedi) Judge s/-

Same Court & Year Madhya Pradesh · 2012 Same Parties Mohammad Shafi vs The State of Madhya Pradesh Same Subject Education