Madhya Pradesh High Court
Ashok Kumar Mahar vs The State Of Madhya Pradesh on 24 July, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 24 th OF JULY, 2023
WRIT PETITION No. 15431 of 2023
BETWEEN:-
ASHOK KUMAR MAHAR S/O SHYAMRAO MAHAR,
AGED ABOUT 62 YEARS, OCCUPATION: RETIRE
EMPLOYEE R/O NEW COLONY, CHHATARPUR DISTRICT
CHHATARPUR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAVESH KUMAR GUPTA - ADVOCATE)
AND
1. STATE OF M.P. THROUGH PRINCIPAL SECRETARY
PUBLIC HEALTH AND MINISTRY OF FAMILY
WELFARE DEPARTMENT BHOPAL, DISTRICT
BHOPAL (MADHYA PRADESH)
2. ASSTT. DIRECTOR TREASURY SAGAR, DISTRICT
SAGAR (MADHYA PRADESH)
3. CHIEF MEDICAL OFFICER, CHHATARPUR,
DISTRICT CHHATARPUR (MADHYA PRADESH)
4. DISTRICT TREASURY OFFICER CHHATARPUR
DISTRICT CHHATARPUR (MADHYA PRADESH)
5. PENSION BRANCH, LOCAL OFFICE CHHATARPUR
DISTRICT CHHATARPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MOHAN SAUSARKAR - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
This petition under Article 226 of the Constitution of India has been filed Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 24-07-2023 19:14:09 2 seeking following reliefs:-
"7.1 This Hon'ble Court be pleased to issue a writ of mandamus directing the respondents to decided petitioners pending representation regarding retirement dues like pension, GPF, GIS and other right within limited period in the interest of justice.
7.2 Any other direction/ relief which this Hon'ble Court deems fit and proper may kindly be given, in the interest of justice."
2. It is submitted by the counsel for the petitioner that the petitioner has retired with effect from afternoon of 31/03/2023, however his retiral dues have not been paid. Accordingly, he has made a representation to CMHO, Chhatarpur on 20/04/2023 but no heed has been paid and accordingly, it is prayed that the respondent No.3 may be directed to decide the representation as early as possible.
3. Heard the learned counsel for the petitioner.
4. Although this Court was inclined to issue notices but it is submitted by the counsel for the petitioner that since the petitioner is not aware of the reason for withholding of his retiral dues, therefore at present the purpose would be served if respondent No.3 is directed to decide the representation.
5. Accordingly, it is directed that in case if the petitioner files a fresh representation along with certified copy of this order to CMHO Chhatarpur/ respondent No.3 pointing out the retiral dues which according to him have not been paid, then the same shall be decided by respondent No.3 as early as possible, preferably within a period of two months from the date of receipt of representation/ certified copy of this order.
6. Needless to mention that this Court has not considered the entitlement of the petitioner in any respect and the representation shall be decided strictly in Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 24-07-2023 19:14:09 3 accordance with law without getting influenced or prejudiced by this order.
7. With aforesaid, the petition is finally disposed of.
(G.S. AHLUWALIA) JUDGE shubhankar Signature Not Verified Signed by: SHUBHANKAR MISHRA Signing time: 24-07-2023 19:14:09