Pensioners Association Madhya ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 826 MP

                                  1
        The High Court Of Madhya Pradesh
                 WP No. 20657 of 2013
(PENSIONERS ASSOCIATION MADHYA PRADESH AND OTHERS Vs THE STATE OF MADHYA PRADESH
                                  AND OTHERS)

Jabalpur, Dated : 18-01-2022
      Heard through Video Conferencing.

      Ms. Ritika Chouhan, learned counsel for the petitioners.
      Mr. Anuj Shrivastava, learned Panel Lawyer for the respondents/State.

T h e petitioners are aggrieved with the inaction on the part of the respondents in not granting the benefit of arrears as also revised pension of

VI Pay Commission for the period from 01.01.2006 till 31.08.2008 to the employees who retired prior to 01.01.2016.

Learned counsel for the petitioners submit that the controversy involved in the present petition is squarely covered by a judgment rendered by a Coordinate Bench of this Court dated 18.12.2019 in W.P.No.18811/2013 (Madhya Pradesh Uccha Siksha Seva Nivrita Pradhyapik Sangh, Jabalpur and another vs. State of Madhya Pradesh and others).

Learned Government Advocate could not distinguish the present case

from the judgment rendered in the case of Madhya Praydesh Uccha Siksha Seva Nivrita pradhyapik Sangh, Jabalpur (supra).

Upon perusal of the judgment passed by Coordinate Bench of this Court, I am of the considered view that the issue involved in the present case is squarely covered by the said judgment. The operative part of the said judgment is reproduced as under:-

" 7 . Accordingly, it is apparent that this Court on several occasions has dealt with the same issue and allowed the petitions and as such all the aforesaid petitions are also allowed directing respondents to grant benefit of 6th Pay Commission to the petitioners also and their pension be revised in the same manner as is being revised of the employees retired after 01.01.2006. The arrears of pension be also calculated for the period from 01.01.2006 to 31.08.2009 as per notification dated 10.09.2008

(Annexure P/1) and interest @ 6% per annum be also paid to them over the amount of arrears. The aforesaid exercise be completed by the respondents within a period of six months from submitting certified copy of this order. "

The judgment passed in the case of Madhya Praydesh Uccha Siksha Seva Nivrita Pradhyapik Sangh, Jabalpur (supra) shall apply

mutatis mutandis in the present case also.

With the aforesaid, the petition is allowed and disposed of. C.C. as per rules.

(S. A. DHARMADHIKARI) JUDGE

vc VARSHA CHOURASIYA 2022.01.18 16:50:14 +05'30'