M P Paschim Kshetra Vidyut Vitran Co. ... vs H.V. Mahajan
2025 Latest Caselaw 8010 MP

Madhya Pradesh High Court

M P Paschim Kshetra Vidyut Vitran Co. ... vs H.V. Mahajan on 26 August, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                              1                                 WA-2351-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        WA No. 2351 of 2025
                           (M P PASCHIM KSHETRA VIDYUT VITRAN CO. LTD. THROUGH MANAGING DIRECTOR AND OTHERS Vs
                                                              H.V. MAHAJAN )



                           Dated : 26-08-2025
                                 Shri Madhusudan Dwivedi, learned counsel for the appellants.

                                 Heard on the question of admission.
                                 Issue notice to the respondents, on payment of process fee in three

working days', returnable in four weeks' because counsel appeared for writ

petitioner has refused to accept notice.

Also heard on the question of interim relief.

That the Writ Court has allowed the writ petition by placing reliance on the judgment passed by the Division Bench in the case of State of Madhya Pradesh Vs. Om Prakash Saxena in Writ Appeal No. 745 of 2023 dated 19.06.2023. The aforesaid judgment was passed by placing reliance on the judgment passed by Apex Court in the matter of Union of India Vs. Retired Justice Virendra Dutt Gyani, 2019 SCC Online SC 2108.

After the aforesaid judgment, the Ministry of Law and Justice vide

notifications dated 18.12.2021 has amended the High Court and Supreme Court Judges ( Salaries and Conditions of Service) Act, 1954 by inserting an explanation that any entitlement of additional quantum or pension shall be, and shall be deemed always to have been, from the first date of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale.

There is a Circular dated 03.08.2009 issued by the Finance

2 WA-2351-2025 Department, Government of Madhya Pradesh, which specifically clarifies that the benefit of additional pension shall be paid from the month next to the month in which the qualifying age is attended. The petitioner is claiming additional pension after completion of 80 years, but infact he has not completed 80 years, yet. The Table in Paragraph-1.3 of the Circular dated 03.08.2009 clearly says that the age of pensioner/family pensioner "80 years to less than 85 years" and, therefore, the additional pension shall be paid only after completion of 80 years. The petitioners' claim for additional pension is after completion of 79 years and entering into 80 years, therefore, while passing the judgment by the Division Bench the Circular dated 03.08.2009 and the Gazette Notification dated 18.12.2021 have not been

considered by the Writ Court.

Most of the writ petitions have been decided without giving notice to the respondent, hence there was no occasion to file reply and produce the Circular and Gazette Notification before the Writ Court.

In view of the above, we hereby stay the impugned order dated 09.08.2024 passed in Writ Petition No. 22545 of 2024(s).

List after service to the respondent.

Certified copy as per rules.

                                     (VIVEK RUSIA)                           (BINOD KUMAR DWIVEDI)
                                         JUDGE                                       JUDGE
                           soumya