A.R. Warwadekar vs The State Of Madhya Pradesh
2025 Latest Caselaw 3384 MP

Madhya Pradesh High Court

A.R. Warwadekar vs The State Of Madhya Pradesh on 28 January, 2025

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

         NEUTRAL CITATION NO. 2025:MPHC-IND:2203




                                                           1                                WP-554-2025
                            IN     THE     HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                     HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                              ON THE 28th OF JANUARY, 2025
                                               WRIT PETITION No. 554 of 2025
                                                A.R. WARWADEKAR
                                                      Versus
                                    THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                                 Shri Yash Nagar - advocate for the petitioner.

                                 Shri Vishal Singh Panwar-Govt. Adv. appearing on behalf of
                         Advocate General.

                                                               ORDER

1. The petitioner has filed the present petition under Article 226 of the Constitution praying for following reliefs:-

"7.1 to call for the relevant records of the case from the respondents;

7.2. to direct the respondents to grant additional 20%pension to the Petitioner as per circular of the finance department of Govt. of Madhya Pradesh dated03.08.2009 from 04.09.2023 in the light of WP_No.36778/2024 Nathu Singh Dabi Vs. State of M.P. &Others, (Annexure P-3) by issuing a writ of MANDAMUS or any other appropriate writ, direction or order;

7.3. to direct the respondents to revise the pension and other monetary benefits taking into account, the above mentioned additional 20% pension to the Petitioner and grant them arrears and other benefits, after such additional 20% pension is added to the pension of the Petitioner;

7.4 to direct the respondent to grant the interest at the

NEUTRAL CITATION NO. 2025:MPHC-IND:2203

2 WP-554-2025 rate of 10% P.A. on the due amount from the date of the entitlement to the actual payment of such amount to the Petitioner;

7.5 to pass such other order(s) as may be deemed appropriate in the facts and circumstances of the case, to grant relief to the Petitioner."

2. The petitioner is not aggrieved by any particular order but is aggrieved by illegal and arbitrary action of the Respondents in not making payment of 20% additional pension in accordance with Clause 1.3 of Circular dated 3.8.2009 from the date when the petitioner entered into 80 year of his age Le. w.e.f. 04.09.2023, in view of the law laid down by this Hon'ble Court in the case of Omprakash Saxena v. State of M.P. & Others [W.P. No. 7424/2022, decided on 2.1.2023] which stood affirmed by the Division Bench of this Hon'tle Court in W.A. No. 745/2023,decided on 19.6.2023.

3. Counsel for petitioner submits that the issue involved in the present case is covered by order passed by co-ordinate bench at Gwalior in WP No.7424/2022 Omprakash Saxena Vs. State of MP on 2.1.2023 . The said judgment has been followed by co-ordinate bench in WP No.22007/2023 Mangilal Malviya Vs. State of MP & Ors dated 8.9.2023 and also in WP No.26676/2023 Ram Singh Veerpara Vs. State of MP on 17.10.2023 . The order passed in Omprakash (supra) was affirmed by the division bench in WA No.745/2023. The SLP against the original judgment passed in WP No.7424/2022 in the case of Omprakash (supra) has been dismissed by the Supreme Court in SLP(C) No.2414/2024 dated 17.9.2024.

4. The counsel for respondents though opposed the prayer but could not point out that the case is not covered by the aforesaid judgment.

5. In view of the aforesaid, the present petition is also allowed. The

NEUTRAL CITATION NO. 2025:MPHC-IND:2203

3 WP-554-2025 judgment passed in the case of Omprakash (supra) shall apply mutatis mutandis to the case of the petitioner as well. The respondents are directed to comply with the Circular dated 3.8.2009 within a period of three months. The over due amount shall be paid along with interest as applicable.

6. With the aforesaid, petition is allowed and disposed of.

(SUBODH ABHYANKAR) JUDGE

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