LAWS(MPH)-2024-4-62

KISHAN SEN Vs. STATE OF MADHYA PRADESH

Decided On April 01, 2024
Kishan Sen Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The instant petition has been preferred by petitioners under Article 226 of the Constitution seeking following reliefs:

(2.) It is the submission of learned counsel for petitioners that issue in hand has already been decided in the case of Anis Ahmed Khan Vs. State of Madhya Pradesh in W.P. No.12162/2018 vide order dtd. 21/11/2019 in which case of similarly placed employee (Sec. Writer) has been allowed and respondents were directed to restore the benefit to the petitioner. Said order has been put to challenge before the learned Division Bench and vide order dtd. 7/3/2022 in Writ Appeal No.238/2022 preferred by State of Madhya Pradesh got dismissed and order of learned writ court was affirmed. Thereafter, matter went into the SLP and vide order dtd. 28/11/2022, S.L.P. 21331-21332/2022 preferred by State of Madhya Pradesh was dismissed. Therefore, matter attained finality.

(3.) Learned counsel for respondent fairly submitted that the said dispute is no longer res integra.