Madhya Pradesh High Court
The State Of Madhya Pradesh vs Sheru Beg on 7 March, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:6101
1 RP-250-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 7 th OF MARCH, 2025
REVIEW PETITION No. 250 of 2025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
SHERU BEG
Appearance:
Shri Sudeep Bhargava - Additional Advocate General for the
petitioners / State.
ORDER
Per: Justice Vivek Rusia
The petitioners have filed the present review petition seeking review
of the order dated 18/09/2024 passed in Writ Appeal No.26949/2024,
whereby the writ appeal was disposed off.
2. The Apex Court in the matter of Union of India and Another Vs. M.
Siddaraj passed in Civil Appeal No.3933 of 2023 has passed final order
dated 20/02/2025, which is reproduced as under:
"Delay condoned.
We had passed the following interim order dated 06.09.2024,
the operative portion of which reads as under:
"(a) The judgment dated 11.04.2023 will be given effect
to in case of third parties from the date of the judgment,
that is, the pension by taking into account one increment
will be payable on and after 01.05.2023. Enhanced
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pension for the period prior to 31.04.2023 will not be
paid.
(b) For persons who have filed writ petitions and
succeeded, the directions given in the said judgment will
operate as res judicata, and accordingly, an enhanced
pension by taking one increment would have to be paid.
(c) The direction in (b) will not apply, where the judgment
has not attained finality, and cases where an appeal has
been preferred, or if filed, is entertained by the appellate
court.
(d) In case any retired employee has filed any application
for intervention/impleadment in Civil Appeal No.
3933/2023 or any other writ petition and a beneficial
order has been passed, the enhanced pension by including
one increment will be payable from the month in which
the application for intervention/impleadment was filed."
We are inclined to dispose of the present miscellaneous
applications directing that Clauses (a), (b) and (c) of the order
dated 06.09.2024 will be treated as final directions. We are,
however, of the opinion that Clause (d) of the order dated
06.09.2024 requires modification which shall now read as
under:
"(d) In case any retired employee filed an application for
intervention / impleadment / writ petition / original
application before the Central Administrative by including
one increment will be payable for the period of three years
prior to the month in which the application for
intervention/ impleadment/ writ petition/ original
application was filed."
Further, clause (d) will not apply to the retired government
employee who filed a writ petition / original application or an
application for intervention before the Central Administrative
Tribunal / High Courts / this Court after the judgment in
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"Union of India & Anr. v. M. Siddaraj"[Dated 19.05.2023 in
Civil Appeal No. 3933/2023, titled "Union of India & Anr. vs.
M. Siddaraj" and other connected matters], as in such cases,
clause (a) will apply.
Recording the aforesaid, the miscellaneous applications are
disposed of.
We, further, clarify that in case any excess payment has
already been made, including arrears, such amount paid will
not be recovered.
It will be open to any person aggrieved by non-compliance
with the directions and the clarification of this Court, in the
present order, to approach the concerned authorities in the first
instance and, if required, the Administrative Tribunal or High
Court, as per law.
Pending applications including all intervention/impleadment
applications shall stand disposed of in terms of this order.
Contempt Petition (Civil) Diary Nos. 38437/2023, 38438/2023,
In view of the order passed today in the connected matters, that
is, M.A. Diary No. 2400 OF 2024 and other connected
applications, the present contempt petitions will be treated as
disposed of with liberty to the petitioners to take recourse to
appropriate remedies, if required and necessary, as indicated
supra. It goes without saying that the respondents shall
examine the cases of the petitioners / applicants in terms of the
order passed today and comply with the same expeditiously.
Pending application(s), if any, shall stand disposed of."
3. By the aforesaid order, the Apex Court has directed the respondent
to examine the case of the petitioners / applicants in terms of the order
passed today and comply with the same expeditiously. Therefore,
irrespective of any order passed by this Court, now the case of each and
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every pensioner is liable to be considered in view of the direction given in
para (a) to (d) of the aforesaid order (Supra).
4. In light of the aforesaid, no modification in the impugned order is
required. Accordingly, the review petition stands disposed off.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Tej
