Shiv Kumar vs Madhya Pradesh Pashim Kshetra Vidyut ...
2024 Latest Caselaw 28211 MP

Madhya Pradesh High Court

Shiv Kumar vs Madhya Pradesh Pashim Kshetra Vidyut ... on 14 October, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2024:MPHC-IND:29270




                                                             1                             WP-30770-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 14th OF OCTOBER, 2024
                                                WRIT PETITION No. 30770 of 2024
                                              SHIV KUMAR
                                                 Versus
                           MADHYA PRADESH PASHIM KSHETRA VIDYUT VITRAN CO. LTD.
                                              AND OTHERS
                           Appearance:
                                   Shri Kailash Chandra Yadav - advocate for the petitioner.

                                                                 ORDER

The petitioner is claiming restoration of his full pension after completion of 12 years or commutation of pension. The petitioner was initially appointed on 01.03.1974 with the respondents. After his retirement, he had applied for commutation of his pension, which was sanctioned amount of Rs.3,47,792/- which was paid vide order dated 21.10.2010. After commutation of his pension order and calculation sheet made by the respondent No.2, the petitioner sent an application to the respondent No.1 on

06.09.2024 which is pending before the respondent No.1. It is urged that the petitioner is entitled for full pension in accordance with the Madhya Pradesh Civil Commutation of Pension Rules, 1976 and Clause-4 of the Circular dated 02.08.2002 issued by the M.P. Electricity Board. It is argued that the point raised in the present petition is squarely covered by the judgment passed by this Court on 08.03.2011 in the case of B.L. Madariya vs. Madhy Pradesh State Electricity Board & Ors. (W.P. No.2581/2010).

NEUTRAL CITATION NO. 2024:MPHC-IND:29270

2 WP-30770-2024

2. Considering the aforesaid submissions and grievance of the petitioner, this Court deems it expedient to dispose of the present petition with liberty to the petitioner to submit a detailed and comprehensive representation before the Competent Authority of the respondent within 15 days from today and if such representation is submitted within the aforesaid period, the Competent Authority shall consider and decide the same in accordance with the law within a period of two months from the date of filing of copy of the order by passing a speaking and reasoned order keeping in view the judgment passed in the case of B.L. Madriya (supra) and the same shall be communicated to the petitioner.

3. With the aforesaid, the petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

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