Madhya Pradesh High Court
Laxman Singh Sikarwar vs Home Department on 17 January, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2025:MPHC-IND:1234
1 WP-18952-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 17th OF JANUARY, 2025
WRIT PETITION No. 18952 of 2022
LAXMAN SINGH SIKARWAR
Versus
HOME DEPARTMENT AND OTHERS
Appearance:
Shri Akash Sharma, learned counsel for the petitioner.
Ms. Ashi Vaidya, learned PL for the respondents/STate.
ORDER
The present petition is filed under Article 226 of the Constitution of India seeking a direction to the respondents to grant anticipatory pension to the petitioner. The petitioner retired from post of Assistant Sub-Inspector of Police on 30.04.2020. The petitioner was convicted for commission of offences under section 307, 326A, 323, 294, 492, 450, 506, 147, 148, 149 of IPC and 3(2)5 of SC/ST Act. Against the said order of conviction and sentence, the appellant has preferred an appeal before this Court in which the order of jail sentence has been suspended.
02. It is argued that even after conviction, the petitioner is entitled for anticipatory pension as per Rule 8 of Madhya Pradesh Civil Services (Pension) Rules, 1976. In support of his submission, he has placed reliance on the judgment passed by Division Bench in Writ Appeal No.1293/2021 (State of MP & Ors. vs. Dhirendra Kumar Dubey) and also the judgment Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 1/17/2025 4:33:21 PM NEUTRAL CITATION NO. 2025:MPHC-IND:1234 2 WP-18952-2022 passed by Single Bench in the case of Kanhaiyalal Damde vs. State of MP & Ors. (WP No.20032/2020).
03. Counsel for the State denies the aforesaid contention and submits that the petitioner is not entitled for the aforesaid reliefs.
04. After hearing learned counsel for the parties, this Court deems it expedient to dispose of the petition with liberty to the petitioner to file a fresh detailed and comprehensive representation before the respondent No.4 within a period of 15 days from today along with the relevant judgments and copy of the order passed today. If such representation is submitted, the said respondent shall consider and decide the same in accordance with the law keeping in view the judgment passed in the case of Dhirendra Kumar Dubey and Kanhaiyalal Damde (supra) within a period of one month from the date of filing of the representation. If the said authority is of the view that the petitioner is not entitled for the said relief and the case of the petitioner is not covered by the aforesaid judgments, he shall assign the reasons for the same and the order shall be communicated to the petitioner. If the competent authority finds that the petitioner is entitled for the said claim, the same shall be paid to the petitioner in accordance with the law.
05. With the aforesaid, the petition stands disposed off.
(VIJAY KUMAR SHUKLA) JUDGE soumya Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 1/17/2025 4:33:21 PM