Ganesh Prasad Tiwari vs The State Of Madhya Pradesh
2021 Latest Caselaw 6986 MP

                                                                   1                               WP-23307-2021
                                         The High Court Of Madhya Pradesh
                                                  WP No. 23307 of 2021
                                         (GANESH PRASAD TIWARI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                 1
                                 Jabalpur, Dated : 28-10-2021
                                       Shri Anirudh Pandey, counsel for the petitioner.
                                       Shri Manoj Kushwaha, Panel Lawyer for the respondents/State.

The present petition is being filed seeking following relief:-

( i) This Hon'ble Court kindly be pleased to issue a writ of mandamus commanding the respondents to provide/grant III

Kramonnati from due date i.e. 20.7.2004 with arrears, in place 1.7.2014 to the petitioner with interest, in the interest of justice, including all the consequential benefits admissible under the law relevant to the subjects.

I t is submitted that the petitioner is entitled for third krammonati benefits on completion of 30 years of service in pursuance to the circular issued by the State Government and he has completed 30 years of service 20.7.2004. It is submitted that the third krammonati has been extended to the

petitioner on 1.7.2014 whereas he is entitled get from 27.2.2004. He stood retired attaining the age of superannuation in the year 2014. He has placed reliance on the judgment passed by the Supreme Court in the case of Union of India and another Vs. Tarsam Singh, Civil Appeal No.5151/2008 decided on 13.8.2008 wherein the Supreme Court has held that, if an issue relates to payments or fixation of pay, or pension, relief may be granted inspite of delay as it does not affect the right of the 3rd person. A representation to the aforesaid aspect has been filed by the petitioner which is pending consideration before the respondent authorities and has not been decided till date. An innocuous prayer is made to direct the respondent authorities to consider and decide the pending representation within a stipulated time frame.

Signature Not Verified

Counsel appearing for the respondents/State has no objection to the SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.10.29 10:47:19 IST 2 WP-23307-2021 innocuous prayer and submit that the matter will be expedited.

Considering the facts and circumstances of the case, the petition is disposed of directing the petitioner to furnish the certified copy before the respondent No.3 along with a fresh representation/application within a period of seven working days from today and in turn the respondent no.3/authority

is directed to dwell upon the representation/application filed by the petitioner and pass a self contained speaking order after giving audience to the petitioner within a period of 90 days from the date of receipt of certified copy of this order and communicate the outcome to the petitioner.

Needless to mention that this Court has not expressed any opinion on the merits of the case.

Accordingly, the petition is disposed of. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

irfan

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.10.29 10:47:19 IST