Kamalnayan Dehuliya vs The State Of Madhya Pradesh
2021 Latest Caselaw 4355 MP

The High Court Of Madhya Pradesh

Indore : 16/08/2021 :-

Shri M.A. Bohra, learned counsel for the petitioners. Shri Sanjay Karanjawala, learned GA for the State on adavance copy Heard on the question of admission. This petition under Article 226 of the Constitution of India has been filed by the petitioners seeking the following relief (s): -

"(a) To allow the present petition,

(b) To issue appropriate writ / order / directions allowing the present petition in the light of the judgment passed in the case of W.P. No.7429/2015 Virendra Kumar Nagar v. State of MP, order dated 30.01.2020, holding the present case covered by it and applying it mutatis mutandis.

(c) To consolidate / revise the pension of the petitioners in the same manner as has been revised for the persons who have retired after 01-01-2006 in other words at the rate of 50% of the minimum pay in the revised pay band plus grade pay of the corresponding revised pay scale with effect from 01.01.2006.

(d) Consequently, to grant the arrears of pension with effect from 01.01.2006 with interest @ 18% p.a.

(e) Cost of the litigation quantified at Rs.50,000/- be paid to the petitioner.

(f) Any other relief that this Hon'ble Court deems fit."

Counsel for the petitioners submits that the aforesaid issue has already been adjudicated by this Court in Writ Petition No.7429/2015 (Virendra Kumar Nagar v. State of Madhya Pradesh) vide order dated 30th January, 2020 (Annexure P/4) and the petitioners' case is squarely covered by the aforesaid order.

Counsel for the State has although opposed the prayer, however, it is submitted that the aforesaid order has attained finality, as the State has not preferred any appeal against the said order.

The High Court Of Madhya Pradesh

In view of the aforesaid, Writ Petition is disposed of; and it is held that the aforesaid order passed by this Court in the case of Virendra Kumar Nagar v. State of Madhya Pradesh (supra) shall apply mutatis mutandis to the petitioners' case also.

(Vivek Rusia) Judge Aiyer*

JAGDISHAN AIYER 2021.08.17 10:54:20 +05'30'