Madhya Pradesh High Court
Ashok Kumar Nikam vs The State Of Madhya Pradesh on 4 February, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:5363
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 4 th OF FEBRUARY, 2025
WRIT PETITION No. 3590 of 2025
ASHOK KUMAR NIKAM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Siddhant Kochar - Advocate for the petitioner.
Shri Mohan Sausarkar - Government Advocate for respondents/State.
ORDER
This petition has been filed seeking the following reliefs:
"(i) That, this Hon'ble Court may kindly be pleased to issue the
writ of mandamus, directing the respondents to release the
petitioner's retirement benefits, including General Provident Fund
(GPF), Group Insurance Scheme (GIS), gratuity, leave
encashment and interim/provisional pension, along with interest
from the date such benefits became due.
(ii) That, this Hon'ble court may kindly be pleased to direct the
respondents to delve upon the representations (ANNEXURE P/8)
preferred by the Petitioner before the Respondent authorities
considering the order passed by this Hon'ble Court.
(iii) That this Hon'ble Court may also be pleased to grant any
other relief that this Hon'ble Court deems fit and just in the facts
and circumstances of the case."
It is the case of the petitioner that he stood convicted with respect to
offence under Section 13(1)(Gha)(ii) read with Section 13(2) of the
Prevention of Corruption Act, 1988 in a Lokayukt Case No.194 of 2014 by
the Special Court vide judgment dated 23.12.2015, against which, a criminal
appeal being Cr.A.No.3537 of 2015 has been filed, which is pending
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consideration before the Division Bench of this Court wherein suspension of
sentence and grant of bail has already been granted to the petitioner vide
order dated 04.01.2016. In the meantime, the petitioner has attained the age
of superannuation and he stood retired with effect from 28.02.2023.
Thereafter the authorities have withheld all the post retiral claims of the
petitioner.
Learned counsel for the petitioner submits that apart from pension and
gratuity, the GPF, GIS and Leave Encashment etc. being the personal
properties of the petitioner cannot be withheld in view of the judgment dated
05.09.2023 passed by a coordinate Bench of this Court in the case of Badelal
Pathak vs. the State of M.P. and others (W.P.No.18341 of 2023) and the
petitioner too is entitled for similar relief as has been granted by the
coordinate Bench as his case is identically placed.
The State counsel after going through the judgment passed by the
coordinate Bench of this Court in the case of Badelal Pathak (supra) fairly
submits that the case of the petitioner can be reconsidered by the authorities
in the light of the judgment passed by the coordinate Bench of this Court in
the case of Bedelal Pathak (supra).
A coordinate Bench of this Court in the case of Badelal Pathak (supra)
relying upon the judgment of the Hon'ble Supreme Court has held as under:
"13. So far as the question of non-payment of GPF, GIS, Leave
Encashment etc. are concerned, it is true that upon termination of
services, the past service of petitioner would stand forfeited but
GPF is nothing but a contribution made by the delinquent officer.
Furthermore, in absence of provision, leave encashment and GIS
cannot be withheld. "
Accordingly, the petition is disposed off with a direction to the
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respondents/authorities to reconsider the case of the petitioner in the light of
observations made by the coordinate Bench of this Court in the case of
Badelal Pathak (supra) and the amount withheld by the authorities under the
heads of GPF, GIS, Leave Encashment etc. payable to the petitioner, be
released to him within a period of three months from the date of receipt of a
certified copy of this order.
C.C. as per rules.
(VISHAL MISHRA)
JUDGE
sj
