Kailash Narayan Shrivastava vs The State Of Madhya Pradesh
2023 Latest Caselaw 14910 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE ANAND PATHAK
                                              ON THE 11 th OF SEPTEMBER, 2023
                                               WRIT PETITION No. 22888 of 2023

                           BETWEEN:-
                           KAILASH   NARAYAN    SHRIVASTAVA   S/O  SHRI
                           RAGHUVEER SARAN SHRIVASTAVA, AGED ABOUT 62
                           YEARS, OCCUPATION: RETIRED GOVT. SERVANT R/O-
                           GOVT. QTR. NO.H-44, BEHIND POLICE STATION,
                           THATIPUR DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI ARJUN PARIHAR - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY DEPARTMENT OF
                                 REVENUE MANTRALAYA, MANTRALAYA, GOVT.
                                 OF M.P. VALLABH BHAWAN BHOPAL (MADHYA
                                 PRADESH)

                           2.    THE      COMMISSIONER, LAND RECORD AND
                                 E S T A B L I S H M E N T MADHYA PRADESH
                                 HARISHANKAR PURAM NEAR SCIENCE COLLEGE
                                 GWALIOR (MADHYA PRADESH)

                           3.    THE JOINT DIRECTOR TREASURY ACCOUNTS
                                 AND PENSION MOTI MAHAL GWALIOR (MADHYA
                                 PRADESH)

                                                                                     .....RESPONDENTS
                           (BY SHRI RAVINDRA DIXIT - GOVERNMENT ADVOCATE )

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

1 . The present petition under Article 226 of the Constitution has been preferred by the petitioner seeking following reliefs:- Signature Not Verified Signed by: RASHID KHAN Signing time: 12-09-2023 12:26:32 PM

"1. That, the respondents be commanded to release the monthly pension as per the last pay drawn with a further to pay cost on account of delayed payment of pension, in the interest of justice with further to pay the same alongwith interest @ 18% per annum.

2. That, any other relief which is suitable in the facts and circumstances of the case in favour of the petitioner including the costs throughout may be granted."

2. It is the grievance of the petitioner that he has retired w.e.f. 21.12.2022 as Assistant Grade III. Since eight months pension has not been disbursed and that is the predicament which is making his family hard to make both the ends meet. He preferred a representation also in this regard, but to no avail.

3 . Learned Government Advocate for the respondents/State fairly submitted that respondents shall consider the representation and / or preferably if petitioner prefers fresh representation elaborating his predicament then same shall be taken care of by the respondents/competent authority as per law at an expeditious note.

4 . Heard the learned counsel for the parties and perused the document appended thereto.

5. Petitioner is a retired employee and seeking pension which is the right under Article 300-A of the Constitution in the light of the judgment rendered by the Apex Court in the case of D.S. Nakara and others Vs. Union of India, 1983 AIR 130 and in the case of D.D. Tiwari Vs. Haryana Bijli Vitran Nigam Ltd. and others, 2014 (8) SCC 894, therefore, it is the duty of employer to settle the pensionary dues of the petitioner at the earliest.

6 . Petitioner is directed to prefer fresh representation elaborating all factual details/grievance and if any such representation is preferred then respondents are duty bound to consider the said representation as expeditiously Signature Not Verified Signed by: RASHID KHAN Signing time: 12-09-2023 12:26:32 PM

as possible. Since it is a matter of pensionary benefits therefore, it is expected that authorities shall rise to the occasion and decide the same within one month from the date of submission of representation and if any legal or procedural formalities are required to be done then petitioner shall be intimated about the said formalities and in case, no such requirement exists then respondents shall take all endevours to issue pension payment order at the earliest, so that petitioner can reap the benefits of past services by way of pension.

7. Accordingly, petition stands disposed of in above terms.

(ANAND PATHAK) JUDGE Rashid

Signature Not Verified Signed by: RASHID KHAN Signing time: 12-09-2023 12:26:32 PM