Dr. Sukhsagar Dwivedi vs The State Of Madhya Pradesh Ayush ...
2022 Latest Caselaw 10188 MP

                                                          1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                         BEFORE
                                        HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                  ON THE 27th OF JULY, 2022

                                           WRIT PETITION No. 16736 of 2022

                                  Between:-
                                  DR.   SUKHSAGAR    DWIVEDI  S/O   SHRI
                                  RAMADHAR DWIVEDI, AGED ABOUT 63 YEARS,
                                  OCCUPATION:   RETIRED  FROFESSOR    40,
                                  ALANKAR PALACE COLONY, KESHARBAG
                                  ROAD, INDORE (MADHYA PRADESH)

                                                                                       .....PETITIONER
                                  (BY SHRI PADMNABH SAXENA-ADVOCATE)

                                  AND

                  1.              THE STATE OF MADHYA PRADESH AYUSH
                                  DEPARTMENT     THROUGH     PRINCIPAL
                                  SECRETARY AYUSH VIBHAG MANTRALAY,
                                  VALLABH BHAWAN (MADHYA PRADESH)

                  2.              COMMISSIONER DIRECTORATE OF AYUSH
                                  D EPARTM EN T SATPURA BHAWAN BHOPAL
                                  (MADHYA PRADESH)

                  3.              DEPUTY SECRETARY DEPARTMENT OF AYUSH
                                  GOVERNMENT OF M.P. SATPURA BHAWAN
                                  (MADHYA PRADESH)

                  4.              DISTRICT   TREASURY          OFFICER INDORE
                                  (MADHYA PRADESH)

                  5.              PRINCIPAL GOVT. AUTONOMOUS ASHTANG
                                  AYURVED     COLLEGE INDORE (MADHYA
                                  PRADESH)

                                                                                    .....RESPONDENTS
                                  (BY MS. PRANJALI YAJURVEDI-G.A.) on advance copy

                             This petition coming on for this day, the court passed the following:
Signature Not Verified
Signed by: MUKTA
                                                           ORDER

CHANDRASHEKHAR KOUSHAL In the instant petition filed under Article 226 of the Constitution of India Signing time: 7/27/2022 5:12:19 PM

the petitioner is seeking quashment of the order dated 24.1.2022 passed by respondent No.1 whereby petitioner has been sanctioned 75% provisional pension as per rule 64 of M.P. Civil Services Pension Rules, 1976. the petitioner is further seeking a direction to the respondents to pay 90% provisional pension as granted to the similarly situated employees and to release the gratuity amount and also the amount of leave encashment.

Counsel for the petitioner submits that petitioner is facing a criminal case registered at crime No.30/2014 at P.S. STF, Bhopal under section 420, 120-B IPC. As per provision of Rule 64, the petitioner is entitled for atleast 50% of the gratuity amount and leave encashment which cannot be withheld by the

respondents. He has placed reliance on the order dated 5.10.2021 passed by co-ordinate bench in the case of Sudheer Kumar Waghela Vs. State of Madhya Pradesh in writ petition No. 12094/2021 wherein this Court after taking into consideration the judgment passed by Division Bench in Writ Appeal No. 772/2019 (Sevaram Khandegar Vs. State of Madhya Pradesh) decided on 4.09.2019 held that the petitioner is entitled for release of 50% of the gratuity amount as also leave encashment. It is further submitted that petitioner is entitled for 90% provisional pension as same is being granted to similarly situated employees.

Considering the aforesaid submission, the present petition is disposed of with liberty to the petitioner to submit detail and comprehensive representation before the respondent No.1 along with copy of the order passed in the case of Sudheer Kumar(supra) and copy of the order passed today within a period of 15 days from today and if such a representation is submitted within the Signature Not Verified Signed by: MUKTA aforesaid period, the same shall be considered and decided by the respondent CHANDRASHEKHAR KOUSHAL Signing time: 7/27/2022 5:12:19 PM No.1 in accordance with law within a period of two months from the date of

receipt of representation keeping in view the provision of section 64 of Rules, 1976 and the order passed by this court in the case of Sudheer Waghela.

C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 7/27/2022 5:12:19 PM