GANESH RAM KAHA Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed the present writ petition seeking writ/directions to the respondents to make payment of pension to the petitioner along with arrears and further directions to them to continue to make payment of pension regularly. It is averred by the petitioner in the petition that he was appointed as Peon in Janpad Sabha Sohagpur on 07.02.1968 and thereafter he was confirmed on the post on 03.07.1971. Later on, Janpad Sabha Sohagpur was taken over by Janpad Panchayat Pipariya District Hoshangabad. Petitioner retired from the service of Janpad Panchayat Pipariya District Hoshangabad on 25/09/2008. Petitioner was being paid pension till September 2015 and all of a sudden respondent stopped paying pension to the petitioner.

(2.) Respondents had filed reply to the writ petition and it was stated that petitioner was not an employ of Janpad Sabha. The law laid down in the case of Raghuraj Singh Thakur versus State of MP is not applicable to him but due to misconception petitioner has been observed as employee of Janpad Panchayat, Pipariya and he has been sanctioned pension. Collector has published a list on 8/12/2012 of employees who were observed in Janpad Panchayat Pipariya. The name of petitioner does not occur in the said list. Petitioner has wrongly been granted pension. Petitioner is entitled to benefit of contributory pension scheme and he has already been granted an amount of ? 1,40,993/-. In view of above, it has been submitted by the counsel appearing for respondent that the writ petition deserves to be dismissed.

(3.) Respondents had filed its rejoinder and had denied that petitioner has not been observed in Janpad Panchayat Pipariya. Along with the rejoinder petitioner has filed record of the service book as an Annexure RJ1/1. It is submitted by the counsel appearing for the petitioner that as per entry made in service book petitioner has been observed in Janpad Panchayat Pipariya and therefore the contention of the respondent that petitioner is not an employee of Janpad Panchayat, Pipariya is incorrect. The writ petition filed by the petitioner deserves to be allowed.