Dr. B.P. Trivedi vs Ayush Vibhag
2023 Latest Caselaw 21318 MP

Madhya Pradesh High Court

Dr. B.P. Trivedi vs Ayush Vibhag on 13 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                            ON THE 13 th OF DECEMBER, 2023
                                             WRIT PETITION No. 18213 of 2022

                           BETWEEN:-
                           DR. B.P. TRIVEDI S/O SATYANARYAN, AGED ABOUT 74
                           YEARS, OCCUPATION: RETIRED PROFESSIONAL 18
                           JAWAHAR MARG NEAR COSMOS MALL UJJAIN
                           (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI VIRENDRA SHARMA - ADVOCATE )

                           AND
                           1.    STATE OF M.P. THROUGH PRINCIPAL SECRETARY
                                 AYUSH VIBHAG, VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    COMMISSIONER AYUSH VIBHAG SATPURA
                                 BHAVAN, BHOPAL (MADHYA PRADESH)

                           3.    DISTRICT AYUSH OFFICER RAMGARH, RATLAM
                                 (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (Ms. BHARTI LAKKAD - G.A. FOR STATE) on advance notice



                                 This petition coming on for orders this day, the court passed the
                           following:
                                                            ORDER

The petitioner was working as Ayurveda Chikitsa Adhikari and Superintendent-cum-DAO. He attained the age of superannuation on 31.8.2008 and he was convicted by judgment dated 15.12.2006 in spl. case No. 1/2004 under section 13(1)(a) and 13(2) of Prevention of Corruption Act, 1988. The

respondents passed the order dated 15.12.2009 under Rule 9 of M.P. Civil Services (Pension) Rules, 1976 forfeiting the pension of the petitioner. The petitioner filed W.P.No. 4972/2010. While disposing of the said petition by order dated 13.10.2010, the Court observed as under :-

"This Court is of the considered opinion that the respondent has rightly passed the impugned order dated December 15,2009, forfeiting the pension of the petitioner. So far as the P.F. dues and Group Insurance is considered, an undertaking has already been given by the State Government to release the amount. The respondent-State is directed to release the aforesaid amount, within a period of three months from the date of receipt of copy of this order."

2. In the present petition, the petitioner has challenged by way of

amendment the order dated 15.12.2009.

3. Counsel for the State submits that the petitioner cannot challenge the said order in the light of the order dated 13.10.2010 passed by this Court in W.P.No. 4972/2010(s).

4. Considering the aforesaid, the present petition is not entertainable so far as challenge to the order dated 15.12.2009 is concerned. In regard to the other prayer of the petitioner for payment of P.F. and Group Insurance are concerned, respondents are directed to pay the same to the petitioner in accordance with law along with interest @ 6% per annum from the date it became due till the date of actual payment to the petitioner within a period of one month from today, if the same is not already paid.

With the aforesaid, the present petition stands disposed off.

(VIJAY KUMAR SHUKLA) JUDGE MK