S.B. Bagare vs The State Of Madhya Pradesh
2022 Latest Caselaw 5357 MP

                                                                             1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                                                                        WP No. 7079 of 2022
                           (S.B. BAGARE Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 12-04-2022
        Shri R.K. Pandey, learned counsel for petitioner.

        Shri Akash Choudhary, learned counsel for respondent No.2.

Learned counsel for employer yet again seeks time to file reply. As sought, four weeks time is granted to file reply. The present case reveals an unfortunate situation where provisional pension which was being paid to petitioner @ 50 % of the full pension with effect from his

date of superannuation i.e. 31.10.2007 was stopped pursuant to Annexure P/5 which is challenged herein.

A bare perusal of Annexure P/5 reveals that in view of the judgment of conviction passed against the petitioner u/S 409 of IPC sentencing him to undergo R.I. for 2 years with a fine of Rs. 1000-/, the proposal for withholding of pension has been sent to Hon'ble The Governor of State of Madhya Pradesh but the response therefrom is awaited.

Learned counsel for respondents however informs that response has been received from the State that the appropriate decision can be taken at the level of the

respondents. However no order in that respect has been passed by the State.

Considering the scheme of things in the M.P. Civil Service (Pension) Rules, 1976 where provisional pension admissible to a superannuated employee cannot be stopped unless an order is passed u/S 8 or 9 of M.P. Civil Service (Pension) Rules, 1976 as the case may be, this Court deems it appropriate to direct by way of an interim order that the provisional pension to the petitioner as was being paid earlier vide order Annexure P/1 shall be released forthwith along with arrears within a fortnight failing which coercive steps shall be taken against respondents.

List this case on 28.04.2022.

  (SHEEL NAGU)                                                                                (MANINDER S BHATTI)
      JUDGE                                                                                         JUDGE

Shub



       SHUBHAM
                 Digitally signed by SHUBHAM THAKKER

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=9ae0b4c3f8dbec36692c45b55d89f22c2ad48e7930a ccbade871ee3495c5a9d8,

THAKKER pseudonym=26FFD02B901CF3BB54DADF3E69DF71268B389 577, serialNumber=086CC2FDA1069ABFC2CE779B66622BD02EEA D5773A0DCE2947571D5FE6005A56, cn=SHUBHAM THAKKER Date: 2022.04.13 18:23:25 +05'30'