SAGARMAL JAIN Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been filed under clause X of the Letters Patent against the order passed by the Learned Single Judge on 20.1.2000 in Writ Petition No.1595 of 1997.

(2.) THE appellant petitioner filed a writ petition under Art.226 of the Constitution of India, praying to issuance of writ of mandamus or any other appropriate writ directing the respondents to pay the pensionary benefits to the petitioner w.e.f. 1.8.1985 with interest thereon at the rate of 24% per annum compounded annually for each month.

(3.) RESPONDENTS have opposed the petition and filed the returns. The crux of the respondents case is that the petitioner has not given any option nor application to his parent department of his retention so it was presumed that he was ready to go to the subsequent department (institution) with all its Rules and Regulations. The petitioner had not submitted the option for retaining the Service Rules of M.P. Government. Hence, the petitioner is not entitled for pension and gratuity benefits. Petitioner has already availed the benefit of Contributory Provident Fund Scheme and he has not submitted his option regarding pension benefit before his retirement. He has opted the pensionary benefits on 16.8.1996 after eleven years of his retirement and meanwhile, he has availed the benefit of Contributory Provident Fund Scheme for which he was entitled. Hence, the petition deserves to be dismissed with costs.