Hari Singh Thakur vs Rajmata Vijyaraje Sindhya ...
2023 Latest Caselaw 6906 MP

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                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                     BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK RUSIA
                                              ON THE 27 th OF APRIL, 2023
                                           WRIT PETITION No. 11009 of 2021

                           BETWEEN:-
                           HARI SINGH THAKUR S/O LATE SHRI RAM SINGH
                           THAKUR, AGED ABOUT 66 YEARS, OCCUPATION:
                           RETIRED, R/O B-22 BAKHTAWARRAM NAGAR, INDORE
                           (MADHYA PRADESH)

                                                                                .....PETITIONER
                           (SHRI AMIT RAJ, LEARNED COUNSEL FOR THE PETITIONER.)

                           AND
                           1.    RAJMATA VIJYARAJE SINDHYA AGRICULTURE
                                 UNIVERSITY THROUGH ITS VICE CHANCELLOR,
                                 RAJA PANCHAM SINGH MARG, GWALIOR
                                 (MADHYA PRADESH)

                           2.    CONTROLLER RAJMATA VIJYARAJE SINDHYA
                                 AGRICULTURE   UNIVERSITY RAJA PANCHAM
                                 SINGH MARG, GWALIOR (MADHYA PRADESH)

                           3.    AGRICULTURE COLLEGE INDORE THR ITS DEAN
                                 INDORE (MADHYA PRADESH)

                           4.    CONTROLEER    OF   ACCOUNTS,  RAJMATA
                                 VIJYARAJE      SINDHYA    AGRICULTURE
                                 UNIVERSITY, RAJA PANCHAM SINGH MARG,
                                 GWALIOR (MADHYA PRADESH)

                           5.    DISTRICT PENSION OFFICER, INDORE, DISTRICT
                                 INDORE (MADHYA PRADESH)

                           6.    DISTRICT     TREASURY    OFFICER INDORE,
                                 DISTRICT INDORE (MADHYA PRADESH)

                                                                              .....RESPONDENTS
                           (SHRI PRADYUMNA KIBE, LEARNED COUNSEL FOR THE RESPONDENT
                           NO.1.
                           MS. PRANJALI YAJURVEDI, LEARNED GOVERNMENT ADVOCATE FOR
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 27-04-2023
18:23:10
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                           THE RESPONDENT/STATE.)

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                                ORDER

The petitioner has approached this Court challenging the order dated 08.06.2020 whereby a pension and gratuity @ 90% was released and @ 10% has been withheld.

According to the petitioner, at the time of retirement, no inquiry of any kind i.e. judicial or departmental was pending, therefore, the respondent had no authority to withheld even 10% of pension and gratuity of the petitioner. The petitioner entered into the service on 17.04.1978 and superannuated on

30.09.2019.

The respondents filed the reply to this writ petition submitting that Vice Chancellor issued a letter dated 31.12.2021 that no inquiry is pending against the petitioner therefore, the full pension has been started on 31.01.2022. There is no dispute that at the time of retirement, no inquiry was pending against the petitioner, therefore, the 10% pension and gratuity were wrongly withheld by the respondent without any basis. Now, that amount of 10% pension and gratuity have been released, the only issue is whether the petitioner is entitled for interest for the delayed payment.

Heard.

Admittedly, the petitioner is not at fault, the respondent without any reason have withheld the 10% of pension. In view of the judgment passed by Division Bench of this Court in case of Lakhanlal Borasi v/s State of M.P. and others (2019 SCC Online MP 2823), petitioner is entitled for 6% interest from the date of retirement.

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 27-04-2023 18:23:10

In view of the above, present petition is allowed. The aforesaid amount be paid within a period of 90 days from the production of certified copy of this order.

Certified copy, as per the Rules.

(VIVEK RUSIA) JUDGE Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 27-04-2023 18:23:10