The State of Madhya Pradesh Vs. C.S Sharma - Court Judgment

SooperKanoon Citationsooperkanoon.com/1046536
CourtMadhya Pradesh High Court
Decided OnSep-13-2013
AppellantThe State of Madhya Pradesh
RespondentC.S Sharma
Excerpt:
r.p.no.282/2013 state of m.p.& ors.versus c.s.sharma & ors.13/09/2013 shri r.p.tiwari, learned government advocate for the applicants/state. shri narendra sharma, learned counsel for the non- applicants. having heard learned counsel for the parties, it is seen that w.p.no.7556/2011 was decided by this court on 9.5.2011 applying the law laid down in the case of prerna versus state of m.p.when the said order was passed on 9.5.2011, no notice to the respondents/state was issued, they were not heard and they were not granted any opportunity to rebut the claim of the applicants. not it is seen that while in service, respondents/employees were granted some higher pay scale and benefit of higher pay scale granted to them disentitles them to claim the benefit of prerna (supra).not the objection raised by the respondents in the review application requires consideration and as the writ petition was decided without notice to the respondents, it is thought appropriate to recall the order passed on 9.5.2011 in w.p.no.7556/2011. the said writ petition be restored to it's original file, it be placed for orders before the appropriate bench. with the aforesaid, this review application is allowed and disposed of. (rajendra menon) judge nd
Judgment:

R.P.No.282/2013 State of M.P.& ORS.versus C.S.Sharma & ORS.13/09/2013 Shri R.P.Tiwari, learned Government Advocate for the applicants/State.

Shri Narendra Sharma, learned counsel for the non- applicants.

Having heard learned counsel for the parties, it is seen that W.P.No.7556/2011 was decided by this Court on 9.5.2011 applying the law laid down in the case of Prerna versus State of M.P.When the said order was passed on 9.5.2011, no notice to the respondents/State was issued, they were not heard and they were not granted any opportunity to rebut the claim of the applicants.

not it is seen that while in service, respondents/employees were granted some higher pay scale and benefit of higher pay scale granted to them disentitles them to claim the benefit of Prerna (Supra).not the objection raised by the respondents in the review application requires consideration and as the writ petition was decided without notice to the respondents, it is thought appropriate to recall the order passed on 9.5.2011 in W.P.No.7556/2011.

The said writ petition be restored to it's original file, it be placed for orders before the appropriate bench.

With the aforesaid, this review application is allowed and disposed of.

(Rajendra Menon) Judge nd