Ram Krishna Prajapati vs The State Of Madhya Pradesh
2023 Latest Caselaw 3225 MP

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                                   IN    THE      HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                             BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                    ON THE 22 nd OF FEBRUARY, 2023
                                                    WRIT PETITION No. 1744 of 2019

                                  BETWEEN:-
                                  RAM KRISHNA PRAJAPATI S/O SHRI PARAMDHARI
                                  PRAJAPATI, AGED ABOUT 66 YEARS, OCCUPATION:
                                  RETD. PRINCIPAL, R/O. VILL. KHAJURAHAN POST
                                  OFFICE BAHUTI TEH. HANUMANA, DISTT. REWA
                                  (MADHYA PRADESH)

                                                                                             .....PETITIONER
                                  (BY SHRI LALITENDRA PRATAP SINGH - ADVOCATE)

                                  AND
                                  1.    THE STATE OF MADHYA PRADESH THR
                                        SECRETARY   SCHOOL   EDUCATION DEPT.
                                        MANTRALAYA,   VALLABH  BHAWAN BHOPAL
                                        (MADHYA PRADESH)

                                  2.    COMMISSIONER, PUBLIC INSTRUCTION (DPI)
                                        BHOPAL (MADHYA PRADESH)

                                  3.    DEPUTY DIRECTOR, PUBLIC         INSTRUCTIONS,
                                        BHOPAL (MADHYA PRADESH)

                                  4.    DISTRICT EDUCATION OFFICER S I D H I DISTT-
                                        SIDHI (MADHYA PRADESH)

                                  5.    DISTRICT TREASURY        OFFICER S I D H I SIDHI
                                        (MADHYA PRADESH)

                                  6.    DISTRICT  PENSION       OFFICER     SIDHI SIDHI
                                        (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                                  (BY SHRI MANAS MANI VERMA - GOVT. ADVOCATE)
Signature Not Verified
  SAN


                                        This petition coming on for admission this day, th e court passed the
Digitally signed by TULSA SINGH
Date: 2023.02.22 19:24:38 IST


                                  following:
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                                                                       ORDER

Petitioner's contention is that petitioner attained the age of superannuation on 30/09/2012 from the post of Principal, Govt. Higher Secondary School, Tikari, Distt. Sidhi. Petitioner's retiral dues were paid on 02/08/20216 i.e. after the delay of about four years. Respondents have rejected petitioner's representation in regard to payment of interest on delay payment.

Reliance is placed on the judgment of Hon'ble Division Bench of Allahabad High Court in the case of Sant Lal Vs. The Chief Audit Officer and others in Writ A. No.29542/1997 on 18th May, 2016 whereby for payment of retiral dues, Hon'ble Division Bench of Allahabad High Court

has awarded interest by placing reliance on the judgment of Hon'ble Supreme Court in the case of State of Kerala and others Vs. M. PadmnanabanNair, 1985 (1) SLR 750.

In view of the said terms, this petition is disposed of with a direction to the respondents to pay interest @ 8% per annum for the delayed period of settlement of pensionary benefits of the petitioner w.e.f. 01/10/2012 till the actual date of payment. Interest may be recovered from the delinquent officer.

In above terms, this writ petition is disposed of.

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.02.22 19:24:38 IST