Nathu Ram Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 20449 MP

Madhya Pradesh High Court

Nathu Ram Sharma vs The State Of Madhya Pradesh on 4 December, 2023

Author: Anand Pathak

Bench: Anand Pathak

    IN THE HIGH COURT OF MADHYA PRADESH
                 AT GWALIOR
                     WP No. 25756 of 2023
    (NATHU RAM SHARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Dated : 04-12-2023
      Shri Anil Sharma, learned counsel for the petitioner.

      Shri Vishal Tripathi, learned GA for respondents/State.

1. It is the submission of counsel for the petitioner that

despite issuance of notice reply has not been filed yet. Petitioner is

not getting pension/anticipatory pension as per law. It is further

submitted that earlier a criminal case was registered against the

petitioner and he was tried for offence under Sections 420, 467

and 468 of IPC and acquittal has been record by the trial Court.

Complainant filed an appeal whereas State Government did not

prefer to do so. Since appeal is pending therefore, he has been

denied pension since 2019. Learned counsel for the petitioner

referred the Rule 9 and Rule 61/64 of Madhya Pradesh Civil

Service (Pension) Rule 1976.

2. Learned counsel for the State opposed the prayer.

3. Considering the import of Rule 9 of Rule 1976 and the

judgment passed by this Court in the case of Alok Shukla Vs.

State of M.P., AIR 2023 Online MP 1549, this Court intends to

allow the application as during the pendency of appeal if

respondents have not settled the dues/pension then they have to release at least anticipatory pension in accordance with law.

4. Needful be done by the respondents within 15 days and

release complete anticipatory pension as per law.

5. Respondents are further directed to file reply so that

matter can be heard and decided at an earliest.

6. List in the month of January, 2024.

(ANAND PATHAK) JUDGE

Ashish*