Prabhakar Padhye vs The State Of Madhya Pradesh
2023 Latest Caselaw 4031 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT INDORE
                            BEFORE
                HON'BLE SHRI JUSTICE VIVEK RUSIA
                     ON THE 14 th OF MARCH, 2023
                    WRIT PETITION No. 5147 of 2023

BETWEEN:-
PRABHAKAR PADHYE S/O SHRI VASANTRAO PADHYE,
AGED ABOUT 67 YEARS, OCCUPATION: RETIRED R/O C-
45-9 RISHI NAGAR EXTENSION UJJAIN (MADHYA
PRADESH)

                                                               .....PETITIONER
( S H R I PRAKHAR    MOHAN KARPE , LEARNED COUNSEL FOR THE
PETITIONER.)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      ADDITIONAL CHIEF SECRETARY VALLABH
      BHAWAN, BHOPAL (MADHYA PRADESH)

2.    ENGINEER IN CHIEF WATER RESOURCE
      D EPARTM EN T NARMADA BHAWAN, TULSI
      NAGAR, BHOPAL (MADHYA PRADESH)

                                                             .....RESPONDENTS
(SHRI RANJEET    SEN,  LEARNED    GOVT.                 ADVOCATE       FOR
RESPONDENTS/STATE ON ADVANCE COPY.)

      This petition coming on for hearing on admission this day, th e court
passed the following:
                                    ORDER

The petitioner has filed this petition seeking direction to the respondents to release 90% of his gratuity amount.

The petitioner stands convicted vide judgment dated 30.1.2018 and sentenced to undergo 2 years jail sentence and to pay fine of Rs.4.00 Lakhs. Because of the said conviction, the respondents have withheld the entire gratuity

amount.

Learned counsel for the petitioner submits that the petitioner is entitled for the release of gratuity amount as the same could not have been withheld by the respondents despite conviction. In the case of similarly placed persons, the respondents have released the gratuity amount as this Court has also directed for the release of the gratuity amount up to the extent of 90%. In similar facts and circumstances, in W.P. No.5962/2014 this Court disposed of the petition and directed the respondents to decide the pending representation of the petitioner. He submits that in the said case, the respondents have complied with the order and released the gratuity amount in favour of the petitioner therein. He,

therefore, prays that this petition be disposed of with a direction to the respondents to consideration the pending representation of the petitioner and release 90% of the gratuity amount.

Learned Govt. Advocate appearing for the respondents/State on advance copy has no objection to the aforesaid limited prayer.

Accordingly, this petition is disposed of with a direction to the respondents to consider and decide the pending representation of the petitioner to release 90% of the gratuity amount within a period of 45 days from the date of receipt of certified copy of this order.

With the aforesaid, this petition is disposed of.

(VIVEK RUSIA) JUDGE Alok Digitally signed by ALOK GARGAV Date: 2023.03.14 18:04:00 +05'30'