Madhya Pradesh High Court
Raj Kumar Jain vs The State Of Madhya Pradesh on 10 September, 2012
W.P.No.14746/2012
10.09.2012
Shri Nilesh Kotecha, learned counsel for the
petitioner.
Shri S.M. Lal, learned Panel Lawyer for
respondents, on advance copy.
Petitioner is a retired employee, he was initially working in the Special Area Development Authority. Thereafter, his services were taken over by the Nagar Panchayat and while so working in the Nagar Panchayat, he retired on attaining the age of superannuation. Grievance of the petitioner is that period of service rendered by the petitioner in Special Area Development Authority is not being counted as service rendered for the purpose of grant of pensionary benefits and other post retiral dues. Claiming that period in question be counted as service period rendered for the purpose of grant of pensionary benefit, petitioner has filed this writ petition.
Even though various averments have been made in the writ petition, but it is seen that claiming similar benefit another employee of Nagar Panchayat, one Thakur Prasad Mishra had filed W.P.No.14760/2007
(s) before this Court and a learned Single Judge of this Court vide order dated 26.8.2009 has allowed similar petition and as per directions issued in para 16 of the aforesaid order, the period of service rendered by the petitioner therein in Special Area Development Authority was directed to be counted for calculating and grant of pensionary benefit and by allowing the petition interest on arrears at the rate of 6% per annum was granted. The directions issued by the learned Single Judge in para 16 reads as under :-
"Having thus considered, this Court is of the opinion that the respondent State of Madhya Pradesh, are not justified in rejecting the claim of the petitioner for grant of pension on the ground that the petitioner does not have qualifying service. The respondents are accordingly directed to grant pension to the petitioner by counting his entire service rendered with SADA. The petitioner will also be entitled for interest on arrears at the rate of 6% per annum. The petitioner shall also be entitled for interest on delaying payment of leave encashment, and on amount towards family benefit fund Scheme @ 6% from the date of entitlement till it was paid."
Petitioner is also claiming identical benefit of counting service rendered by him in Special Area Development Authority. For the grounds and reasons already indicated by this Court in the case of Thakur Prasad Mishra (supra), there is no reason for denying the same benefit to the petitioner. Considering the same, this petition is allowed. By counting the service rendered by him in Special Area Development Authority as service for all purpose the arrears and monetary benefit due thereof be calculated and granted to the petitioner along with interest at the rate of 6% per annum from the date of his retirement till actual payment. This exercise be done within two months from the date of receipt of certified copy of this order.
Writ petition stands allowed and disposed of with the aforesaid.
Certified copy as per rules.
(K.K.Trivedi) Judge A.Praj.