STATE OF MADHYA PRADESH Vs. GHANSHYAM SHARMA

JUDGEMENT

(1.) Aggrieved by the order dtd. 6/1/2015 passed by the learned Single Judge in W.P. No.9439 of 2014 in directing grant of Samman Nidhi to the writ petitioner w.e.f. 8/12/2000, the State is in appeal.

(2.) The only contention being advanced by the Government Advocate is to the effect that the rejection of the claim of the petitioner was in November, 2013. However, the learned Single Judge has directed to grant the Samman Nidhi from 8/12/2000. The same runs opposite to the Larger Bench judgment of this Court in the case of Sheel Chand Jain vs. State of Madhya Pradesh and another reported in 2010 (2) MPLJ 689 (FB). The same is disputed by the respondent.

(3.) On hearing learned counsels, we do not find any merit in this appeal. The question of merits of the grant of Samman Nidhi is not in dispute. What is in dispute is only the relevant date. The earlier application filed by the petitioner for grant of Samman Nidhi was rejected by the order of authorities dtd. 8/12/2000. Thereafter, the same was challenged in W.P. No.12813 of 2007 which was disposed off on 8/10/2007. There was a direction to reconsider the application. The application was reconsidered and rejected. Thereafter the third writ petition was filed in W.P. No.881 of 2008 which was allowed vide order dtd. 19/1/2010 directing the respondents to pass an order granting Samman Nidhi to the writ petitioner. Thereafter, Writ Appeal No.407 of 2010 was preferred by the State, which was dismissed by the order dtd. 8/8/2013. Thereafter in compliance of the order, the appellants passed an order dtd. 11/11/2013 granting Samman Nidhi to the writ petitioner from November, 2013. Aggrieved by the same, the instant petition was filed. It was contended that the rejection of the plea of the petitioner was by the order dtd. 8/12/2000. The said contention was accepted. The Larger Bench of this Court in the case of Sheel Chand Jain (supra) in para 16 of the judgment answered the reference as follows:-