NAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard Shri Anoop Shrivastava, Learned Counsel for the Petitioner on the question of admission and interim relief.

(2.) Learned Counsel for the Petitioner submits that the Petitioner who was working as a permanent Gangman with the Respondents since 1989 has been superannuated w.e.f. 28.2.2011 vide communication dated 18.1.2011 inspite of the fact that the Respondents/authorities were well aware of the fact that the Petitioner's age was 48 years as on 7.2.2004 which was determined by the District Medical Board, Bhopal on the insistence of the Respondents themselves.

(3.) In such circumstances, it is submitted that superannuation of the Petitioner is not in accordance with law and has been ordered without application of mind. However, Learned Counsel for the Petitioner fairly submits that he has directly approached this Court against the aforesaid intimation dated 18.1.2011 without filing any representation before the concerned authorities or approaching them for mitigation of his grievance and in such circumstances, he submits that the petition filed by the Petitioner be disposed of with a direction to the Respondent No. 2/Executive Engineer, Public Works Department Maintenance Division No. 2, Bhopal to consider and decide the representation against his superannuation which shall be filed by the Petitioner expeditiously.