STATE OF MADHYA PRADESH Vs. BADRILAL

JUDGEMENT

(1.) THIS writ appeal has been filed on behalf of the State of Madhya Pradesh aggrieved of the order dated 12.04.2012 passed by the learned Single Judge in W.P.No.8664/2011 (S) whereby directions have been given to the State of Madhya Pradesh to make payment of sum of Rs.2,37,176/ to the respondent alongwith interest @ 8% p.a.within two months from the date of passing of the order.

(2.) LEARNED counsel for the appellant submits that the aforesaid amount is not payable to the respondent inasmuch as the said amount which has not been paid is the difference of the interest awarded to the respondent on the Provident Fund recoveries which were made after 1998 till 2006 for which period the respondent remained in service, but on account of the judgment delivered by this Court dated 07th July, 2009, the respondent was only entitled to retiral benefits treating the respondent having retired on 2nd March, 1998 for which period the respondent remained in service; on account of various interim orders, the respondent was only entitled to salary.

(3.) IT is not in dispute that the order passed by the Division Bench on the point of date of retirement has not been upheld by Hon'ble Supreme Court. The respondent has filed an OA before the State Administrative Tribunal claiming that the entire amount should have been paid to the respondent, but he was not successful and therefore a fresh writ petition was filed before this Court.