BALKRISHNA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner has prayed for following reliefs: -

(2.) FOR the same relief earlier petitioner filed Original Application No. 1548/2001 before M.P.State Administrative Tribunal (Tribunal). The Tribunal disposed of the original application on 21.5.2002. The grievance as canvassed by the petitioner is that in his service record an entry was erroneously made which shows withdrawal of Rs.15000/ - in the name of another Balkrishna Sharma. The Tribunal opined that the respondents have realized the mistake and, therefore, they shall correct the same. The OA was disposed of with the direction that payment as per entitlement with interest be made. A review petition was filed but, on abolishment of the Tribunal, was decided by this Court by Annexure P/3. This Court made it clear that no direction was given for any payment. The direction was for settlement of the claim as per entitlement along with interest.

(3.) PER Contra, Smt. Nidhi Patankar, learned Government Advocate submits that no doubt that an incorrect entry was made because of clerical error and on account of the fact that the name of petitioner and name of another person is same. However, despite making the incorrect entry, no actual payment was made nor the amount was withdrawn from the GPF account of the petitioner. In return and additional return, specific pleadings are made in this regard. It is contended by filing Annexure R -2 that due amount of GPF has been paid to the petitioner. The break up of said amount and recoveries etc. is shown.