STATE OF MADHYA PRADESH Vs. RAMJI DAS AGARWAL

JUDGEMENT

(1.) Assailing the order dated 24.01.2012 passed by the learned Single Judge in W.P. No.5119/2010 (S), the present appeal has been preferred under Section 2(1) of the Madhya Pradesh Uchcha Nyalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005.

(2.) It is admitted that respondent Ramji Das Agarwal at the time of retirement was working as Executive Engineer in Water Resources Department and he after completing the age of superannuation retired on 31.08.2009. It is also admitted that after retirement, GPF amount was paid to the respondent on 04.01.2010, GIS amount was paid on 06.02.2010 and family welfare fund was paid on 25.02.2010. The gratuity, full pension, leave encashment, arrears of pay revision etc. were not paid to the respondent till the date of order dated 24.01.2012 passed in WP No.5119/2010.

(3.) The contention of the learned Deputy Advocate General is that the matter of the post retiral benefits of the respondent was pending before the Joint Director, Treasury, Accounts and Pension with regard to the fixation of the respondent, therefore, there was no such delay on the part of the appellants/State authorities to clear all the retiral dues of the respondent. Hence, the direction as issued against the department for making payment of interest at the rate of 12% was not as per law. Thus, it is requested that the appeal preferred by the State may be allowed and the directions as issued may be set aside.