BHIKARILAL KAHAR Vs. STATE OF M P

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner is seeking the following reliefs :-

(2.) The contention of learned counsel for the petitioner is that petitioner was removed from service on 17-9-1980 (Annexure-P/2) however later on he was directed to be reinstated on 29-10-1988 (Annexure-P/5). The petitioner was thereafter regularized on the post of Assistant Grade-Ill and ultimately he retired on 30-3-2009 however the pension for the period between removal and reinstatement has not been allowed to him. Learned counsel for petitioner submits that since order of removal has been set aside, therefore, the petitioner is entitled for full pension. In support of his contention, learned counsel placed reliance on Rule 25 as well as 27 of M.P. Civil Services (Pension) Rules, 1976 (hereinafter shall be referred to as "Rules"), hence it has been put-forth that this petition be allowed and pension be provided to him from the date his initial appointment 17-9-1980 and not from subsequent date.

(3.) On the other hand, learned Deputy Government Advocate submitted that petitioner is not entitled for pension by calculating from his initial date of appointment.