Smt. Sona Devi v. Sachiv

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4222 of 2005 • Smt. Sona Devi, W/o Late Shri Bholaram Yadav, Aged About 67 Years, R/o Gram Kaithvali, Post Choura, Tehsil And District Baliya, Uttar Pradesh ---- Petitioner

Versus

1. Sachiv, Chhattisgarh Sashan, Grih Mantralaya, D.K.S. Bhawan, Raipur, Chhattisgarh

2. Police Mahanideshak, Chhattisgarh Police Mukhyalaya, Raipur, Chhattisgarh

3. Police Mahanirikshak, Balaghat Kshetra, Balaghat, Madhya Pradesh

4. Police Adhikshak, Rajnandgaon, Chhattisgarh ---- Respondents For Petitioner Shri P. K. C. Tiwari, Senior Advocate with Shri S. B. Tiwari, Advocate For Respondent-State Shri R. S. Baghel, Dy. AG with Shri Ashish Gupta, PL Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 12/09/2019 1.

The original petitioner Bholaram Yadav has preferred this writ petition for quashing Annexure-A-1 dated 03.02.2000, whereby he along with Head Constable No.384 Narayan Singh, Constable No.47 Bharat Lal, Constrable No.605 Kailash Sharma and Constable No.792 Loman Lakda was dismissed from service and thereafter common appeal preferred by all of them was dismissed on 11.04.2000 vide AnnexureA-2 and their mercy petition was dismissed vide Annexure-A-3 dated

27.09.2001.

2.

Indisputably, the said orders have already been quashed by this Court in WPS No.3920/2005 (Narayan Singh Lange vs State of Chhattisgarh and others) together with other writ petitions vide order dated 01.05.2017. The said order has been affirmed by the Division Bench in Writ Appeal No.283/2017 (State of Chhattisgarh and others vs Loman Lakara and others) and other connected writ appeals, decided on 09.04.2018. At the time, the writ petitions preferred by other affected policemen were decided by a common order, the present writ petition stood dismissed for non compliance of court order, as has been observed in para 2 of the said order. It has now come up for hearing after being restored to its original number.

3.

After hearing learned counsel for the parties, it appears, the subject matter of this petition is squarely covered by the subject matter of the writ petitions of the policemen, which were decided by common order dated 01.05.2017. Therefore, the present writ petition is also allowed in the same terms, as has been passed in WPS No.3920/2005 (Narayan Singh Lange vs State of Chhattisgarh and others) and other connected matters. Copy of the said order has already been placed on record by the petitioner as Annexure-A-19.

4.

Needless to say, Bholaram Yadav having died during the pendency of the writ petition, the monetary and other benefits like arrears of salary, pension etc. shall be paid to the petitioner. Sd/- Prashant Kumar Mishra Judge Nirala