High Court Madhya Pradesh High Court

Secretary, W.R.D. & Ors vs Jibrail Khan on 25 August, 2010

Madhya Pradesh High Court
Secretary, W.R.D. & Ors vs Jibrail Khan on 25 August, 2010
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                        MCC No.58/05

    Secretary, Water Resources Deptt. & others                   Jibrail Khan




    25.8.2010
          Shri Sudesh Verma, Govt. Advocate for applicants.
           Shri R.C.Tiwari, Counsel for respondent.

This review petition was filed against an order dated 4.8.2004
passed in W.P.No.21787/03 (O.A.No.4988/02) by which the learned
Single Judge directed that the respondent is entitled for pay-scale of
Rs.575-880 with consequential benefit.

On being asked in respect of appointment of respondent as
work-charged and contingency paid employee, learned counsel for
applicants submitted that such document has not been filed in this
review petition, even in W.P.No.21787/03, such document was not filed.
To decide the entire controversy of pay-scale, such document was
necessary. As such document was not filed, no review can be granted
against order dated 4.8.2004.

At this stage, learned counsel for applicants submitted that he
may be permitted to withdraw this petition with liberty to file a writ
appeal against the order dated 4.8.2004.

Prayer made by the applicants is not opposed by the learned
counsel for respondent.

Hence, this review petition is dismissed as withdrawn with liberty
as prayed.

No order as to costs.

C.C. as per rules.




    (Krishn Kumar Lahoti)                                 (S.C.Sinho)
           Judge                                            Judge

C
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                    MCC No.58/05

Secretary, Water Resources Deptt. & others Jibrail Khan

25.8.2010