Madhya Pradesh High Court
Smt. Krishna Kumari Sharma vs The State Of Madhya Pradesh on 13 February, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:3061
1 WP-17348-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 13th OF FEBRUARY, 2025
WRIT PETITION No. 17348 of 2023
SMT. KRISHNA KUMARI SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anil Sharma - Advocate for the petitioner.
Shri B.M. Patel - Government Advocate for respondents No.1 to
3/State.
Shri Mahesh Prasad Agrawal - Advocate for respondents No.4 and 5.
ORDER
Petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs:
"The petitioner, therefore, most humbly prays that this Hon'ble Court may kindly be pleased to allow this petition and thereby issuing a writ / mandamus / directions to the respondents to grant 20% additional quantum of pension on first day of entre in 80° year of age w.e.f. 15-7-2021 and the respondents may also kindly be directed to make the payment of arrears and interest for delayed period @12% per annum. To pass such other further order (s) deemed fit and proper in the interest of justice. Cost may also be awarded."
2. Brief facts of the case are that petitioner is a retired Assistant Teacher and his date of birth is 15.7.1942 and he has retired on 31.7.2004 after completion of 62 years of age. The State Government revised the pension from time to time including additional quantum of pension and it Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Feb-25 5:07:17 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:3061 2 WP-17348-2023 was decided that the employees those are retired from 1.1.2006 shall be entitled for 20% additional quantum of pension on 80 years of age as per circular dated 3.8.2009. It is settled in the case of Virendra Dutt Gyani vs. Union of India & Ors. passed by Gauhati High Court in W.P. (C) No.4224/2016 that from first day of age of 80 years shall be reckoned from the date that person enters into 18 years of age rather than when he complete it. Same has been affirmed by Hon'ble Apex Court in the case of Union of India & Ors. vs. Virendra Dutt Gyani vide order dated 8.7.2019 passed in SLP (Civil) No.18133/2019. Same principles have been followed in various petitions and the case of the petitioner is squarely covered with the judgment of Hon'ble Apex Court as well as this Court and petitioner is entitled to additional quantum of 20% pension w.e.f. 15.7.2021. Petitioner made a representation (Annexure P/6) before the respondents but of no avail. Being aggrieved by the aforesaid, petitioner has preferred this writ petition.
3. Counsel for respondents No.1 to 3 opposed the prayer and prayed for its rejection by submitting in their reply that they have issued a letter to the Treasury Officer, Bhind to decide the matter of the petitioner in view of the policy decision for granting 20% additional quantum of pension is occurred. Petition is premature, infructuous and deserves to be dismissed.
4. Per contra, learned counsel for respondents No.4 and 5 opposed the prayer and prayed for its rejection by submitting in their return that they are not sanctioning authority, they are only disbursing authority, therefore, petitioner filed against them is liable to be dismissed. As per the circular of the State Government, petitioner is entitled to 20% additional quantum of Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Feb-25 5:07:17 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:3061 3 WP-17348-2023 pension after completion of 80 years of age as per law laid down by Gauhati High Court in the case of Virendra Dutt Gyani (supra) . Petition is devoid of merit, substance and is liable to be dismissed.
5. Both the parties are heard at length and perused the entire record with due care.
6. In the instant matter, petitioner's age is about 82 years. He is seeking additional 20% pension as per the relevant circular from the date when he has completed 79 years of service and entered into 80 years of age. So far as grant of additional pension to a person who attains 80 years of age is concerned, it is no longer in doubt. One circular of State Government dated 3.8.2009 is quoted herein below for ready reference:
"1.3 The additional pension payable to old pensioners/family pensioners shall be as per table given below:
Age of pensioner/Family pensioner Additional Pension 80 years to less then 85 years 20% of basic pension/family pension 85 years to less then 90 years 30% of basic pension/family pension 90 years to less then 95 years 40% of basic pension/family pension 95 years to less then 100 years 50% of basic pension/family pension 100 Years or above 100% of basic pension/family pension
7. Counsel for the respondents also placed reliance upon the judgment of Gauhati High Court in the case of Virendra Dutt Gyani (supra), which has been affirmed by Hon'ble Apex Court vide order dated 8.7.2019 passed in SLP (Civil) No.18133/2019 (Union of India & Ors. vs. Virendra Dutt Gyani) but the case of Virendra Dutt Gyani (supra) is related with the services of Judge of High Court which regulates from High Court Judges (Salaries and Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Feb-25 5:07:17 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:3061
4 WP-17348-2023 Conditions of Service) Act 1954 and the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2009. But the petitioner is a Government servant and his services are governed by M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, therefore, the citation of Virendra Dutt Gyani (supra) is not completely applicable in the instant case.
8. Co-ordinate Bench of this Court in the case of Om Prakash Saxena vs. State of M.P. & Ors) (W.P.No.7424/2022) decided on 2.1.2023 , while deciding the similar issue has held that "the petitioner would be entitled for additional pension from first day of his 80th year and the said order has been affirmed by the Division Bench of this Court vide order dated 19.06.2023 passed in W.A.No.745/2023 (State of M.P. & Ors. vs. Om Prakash Saxena) and thereafter both the orders have been affirmed by the Apex Court vide order dated 17.09.2024 passed in SLP No.2414/2024 (State of M.P. & Ors. vs. Om Prakash Saxena)".
9. In another judgment of this Court in the case of Dr. K.K. Kaul vs. State of M.P. & Ors. (W.P.No.22739/2021) order dated 2.8.2024 has also taken the similar view has held that "the petitioner therein would be entitled to get additional pension as and when he enters into 80 years of service".
10. In the light of law laid down by Hon'ble Apex Court followed by this Court, the instant petition filed by the petitioner is hereby allowed and petitioner is entitled to get additional pension when he entered into 80 years of age on 15.7.2021. The respondents are directed to extend the aforesaid benefits to the petitioner as per law.
Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Feb-25 5:07:17 PMNEUTRAL CITATION NO. 2025:MPHC-GWL:3061 5 WP-17348-2023
11. Accordingly, this petition stands disposed of.
(ANIL VERMA) JUDGE (alok) Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Feb-25 5:07:17 PM