Madhya Pradesh High Court
Hariram Verma vs The State Of Madhya Pradesh on 13 October, 2015
W.P.No.13058/2010
13.10.2015
Shri Dhananjay Asati, learned counsel for the
petitioner.
Shri Santosh Yadav, learned Panel Lawyer for
respondents, on advance copy.
The petitioner was aggrieved by fixation of pay and consequential payment of lesser pension, therefore, after filing representation, he approached this Court by way of filing this writ petition in the year 2010.
Upon service of the notice of the writ petition, the respondents have filed their return categorically contending in para 4 as under :-
"That the case of the petitioner was examined by the department and it is found that there is some irregularity and elaborately which has been rectified and revised proposal was sent to the Joint Director, Treasury Jabalpur for refixation of petitioners pay scale bringing him at par with similarly situated employee namely K.L. Chouhan. Copy of revised proposal forwarded to the Joint Director, Treasury is annexed as Annexure-R-1. Now it is for treasury to sanction and approve the same. Accordingly petitioner would be paid the arrears and would also get the pension at the rate on which his pay was refixed. In view of the aforesaid the grievance of the petitioner has been settled therefore nothing remains to be adjudicated further."
It is contended by the respondents that since the dispute has been resolved by respondents authorities themselves, there remains nothing to be adjudicated in the present writ petition.
By filing a rejoinder, it is contended by the petitioner that though the orders have been issued by the respondents, yet correction in the pay scale and payment of arrears of pay as also after rectifying the mistake committed in granting final pension, arrears of pension have not been paid to him as yet.
Learned counsel for the respondents is not in a position to state whether such payments have been made to the petitioner or not.
Keeping in view the aforesaid, it is directed that in case the rectification of the pay scale has not yet been ordered by the respondents as have been suggested by the competent authority, let it be done within a period of two months from today. After refixation of pay of the petitioner, all arrears be paid to him within the aforesaid period. The revision of pay of the petitioner will entail automatic revision of his pension as well, which amount is also required to be calculated and arrears of pension is to be paid to the petitioner within the aforesaid period. This order be complied with strictly, failing which the respondents would be liable to pay interest @ 6% per annum to the petitioner on the amount due from the date the said amount was due till the date of final realisation. If any amount of interest is required to be paid to the petitioner, the State would be free to recover the said amount from the erring officer, in accordance to law.
The writ petition stands allowed and disposed of to the extent indicated herein above.
(K.K.Trivedi) Judge A.Praj.