Dr. J.P. Pandey vs Higher Education Department
2022 Latest Caselaw 8701 MP

                                                                               1
                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                            BEFORE
                                                           HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                      ON THE 30th OF JUNE, 2022

                                                               WRIT PETITION No. 19210 of 2018

                                                    Between:-
                                                    DR. J.P. PANDEY S/O LATE SHRI R.V. PANDEY ,
                                                    AGED      ABOUT    77  YEARS, OCCUPATION:
                                                    PENSIONER A-18/19, VED NAGAR, UJJAIN
                                                    (MADHYA PRADESH)

                                                                                                            .....PETITIONER
                                                    (BY SHRI L. C. PATNE-ADVOCATE)

                                                    AND

                                            1.      HIGHER EDUCATION DEPARTMENT PRINCIPAL
                                                    SECRETARY VALLABH BHAWAN, BHOPAL
                                                    (MADHYA PRADESH)

                                            2.      COMMISSIONER OF HIGHER EDUCATION THE
                                                    STATE OF MADHYA PRADESH SATPURA
                                                    BHAWAN, BHOPAL (MADHYA PRADESH)

                                            3.      REGIONAL ADDITIONAL        DIRECTOR OF
                                                    HIGHER EDUCATION THE STATE OF MADHYA
                                                    P R A D E S H INDORE DIVISION OLD GDC
                                                    CAMPUS, MOTI TABELA, INDORE (MADHYA
                                                    PRADESH)

                                            4.      DISTRICT PENSION OFFICER THE STATE OF
                                                    MADHYA PRADESH DIST. UJJAIN (MADHYA
                                                    PRADESH)

                                                                                                         .....RESPONDENTS
                                                    (SMT. VINITA PHAYE-G.A. FOR STATE)

                                                  T h is petition coming on for orders this day, t h e cou rt passed the
                                            following:
Signature Not VerifiedDigitally signed by
                                                                                ORDER

SAN MUKTA

The present petition is filed under Article 226 of the Constitution of India CHANDRASHEKHA R KOUSHAL Date: 2022.06.30 17:39:57 IST

being aggrieved by the inaction of the respondents by not giving the benefit of

Sixth Pay Commission recommendation in the matter of revision of pension w.e.f. 1.01.2006.

Counsel for the petitioner submits that petitioner is a retired 80 years old person. He further submits that issue involved in the present case is squarely covered by the judgment passed by the Principal seat of this Court in W.P.no. 5802/2011 (Kamal Jain Vs. State of M.P.). Against the said judgment, Writ Appeal No. 1488/2002 was filed by the State which has also been dismissed by order dated 24.1.2013 and the order passed by learned Single Judge was affirmed.

Counsel for the petitioner further relies on an order passed by co-

ordinate bench dated 18.12.2019 in W.P.No. 18811/2013 (Madhya Pradesh (Uccha Siksha Seva Nivrita Pradhyapak Sangh, Jabalpur and other Vs. State of M.P. and others) and other connected matters.

By order dated 26.2.2022, counsel for State was granted time to examine the fact whether the case of the petitioner is covered by the aforesaid judgments.

Counsel for the State submits that case of the petitioner is covered by the aforesaid judgments.

In view of aforesaid submission, present petition is also allowed and it is directed that judgment passed by this Court in W.P.no. 5802/2011 (Kamal Jain Vs. State of M.P.) and W.P.No. 18811/2013 (Madhya Pradesh (Uccha Siksha Seva Nivrita Pradhyapak Sangh, Jabalpur and other Vs. State of M.P. and others) shall be applicable mutatis mutandis in the present case also.

Signature Not VerifiedDigitally signed by Respondents are directed to grant the benefit of pension of 6th Pay SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.06.30 17:39:57 IST Commission (pensionary benefit) to the petitioner in the same manner as it has been revised in respect of employees, who have retired after 1.1.2006. The

arrears of pension be granted to the petitioner as claimed by him along with interest @ 6% per annum. The aforesaid exercise be completed by the respondents within a period of 3 months from the date of communication of the order passed today.

C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.06.30 17:39:57 IST