U. K. Tiwari vs The State Of Madhya Pradesh
2021 Latest Caselaw 8790 MP

                                                                      1                               WP-26742-2018
                                           The High Court Of Madhya Pradesh
                                                    WP No. 26742 of 2018
                                                (U. K. TIWARI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                    Jabalpur, Dated : 14-12-2021

                                         Shri K.C.Ghildiyal, counsel for the petitioner.

                                         Shri Aman Pandey, Panel Lawyer, for the respondent/State.

Heard finally with the consent of both the parties. This petition has been filed seeking following reliefs :-

"(I) A writ order or direction in the nature of

mandamus thereby directing the respondents to pay the full pension to the petitioner, gratuity, family welfare fund, arrears of Kramonnati, arrears of salary and pension along with 24% per annum.

(II) Any other appropriate writ, order or direction which the Hon'ble Court may deem just and proper in the nature and circumstances of the case."

The brief facts leading to filing of this case are that the petitioner was initially appointed as Chief Municipal Officer, B- Grade on 8.7.1976 after undergoing due process of selection held by the M.P.Public Service Commission. Thereafter, he was promoted on the post of Chief Municipal Officer, A-Grade. The petitioner stood superannuated w.e.f. 28.2.2014 on attaining the age of superannuation. The grievance of petitioner is that even after more than 7 years of his retirement, the petitioner is being paid the pension @ 90% only and gratuity, family welfare fund, leave encashment and other retiral benefits have not been paid to the petitioner even when there is no disciplinary or criminal case is pending. Moreso, the Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2021.12.15 17:17:56 IST 2 WP-26742-2018 petitioner has also not been granted the benefit of Kramonnati, which he was entitled to receive on completion of 12 and 24 years of service. In addition to that, the petitioner has also not been paid the salary from 2.3.2011 to 8.4.2011 and from 16.9.2013 to 28.2.2014. The petitioner is facing acute financial hardship. Repeated

representations have been made which have not yielded any result. Therefore, he had to file the present writ petition before this Court. In the aforesaid circumstances, the respondents may be directed to pay the entire pension, gratuity, family welfare fund, arrears of Kramonnati, arrears of salary along with the interest at the earliest.

Learned counsel for the petitioner has relied on the judgment rendered in the case of S.K.Dua Vs. State of Haryana and another, (2008) 3 SCC 44, in respect of the entitlement of the petitioner for interest on delayed payment of retiral dues.

On the other hand, learned Panel Lawyer opposed the prayer and submitted that as per Annexure AR-1 filed along with the additional reply, one complaint dated 18.8.2009 (Complaint No.282/2009) is pending investigation, therefore, the petitioner is not entitled for any retiral dues till the outcome of this complaint.

In response, leaned counsel for petitioner submitted that till date, no cognizance has been taken for any of the offences, no departmental inquiry is pending, therefore, in such circumstances it cannot be said that any case is pending against the petitioner. Inspite of repeated representations and assurance given by the competent authority/respondent, the retiral dues have not been released so far.

Taking into consideration the facts and circumstances of the case and the fact that no departmental enquiry/criminal proceedings is Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2021.12.15 17:17:56 IST 3 WP-26742-2018 pending against the petitioner, he is entitled for all the retiral benefits, as claimed/admissible along with full pension. Accordingly, the respondents are directed to release the retiral dues of the petitioner including the pension as expeditiously as possible within a period of 2 months from the date of receipt of certified copy of this order.

As there is no misrepresentation on the part of the petitioner, he is also entitled for the interest @ 6% per annum from the date of retirement till the date of payment of all the retiral dues. The said interest be also paid within the aforesaid period of 2 months.

The petition is allowed. No order as to costs.

(S. A. DHARMADHIKARI) JUDGE

TG /-

Signature Not Verified SAN

Digitally signed by TRUPTI GUNJAL Date: 2021.12.15 17:17:56 IST