SANJIVE KUMAR NAIK Vs. STATE OF MADHYA PRADESH PRINCIPAL SECRETARY DEPARTMENT OF LABOUR MANTRALAYA, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India seeking direction to the respondents to release his full pension, gratuity, commuted pension, etc. along with interest.

(2.) Facts of the case in short are as under:-

(3.) After notice, respondents No.1 and 3 filed the reply virtually in support of the petitioner and respondents No.4 and 5 filed separate replies for opposing the relief claimed in the Writ Petition. Respondents No. 1 and 3 filed the return by submitting that the Director, Pension, PF and Insurance, Bhopal vide letter dtd. 6/6/2023 has directed the Joint Director, Treasury and Account for reconsideration of pay fixation in light of Clause (B) 4 of the Circular dtd. 16/10/2019. The Insurance Medical Officer vide letter dtd. 13/6/2023, again examined the matter that the senior pay-scale was rightly granted to the petitioner and his pension be finalized. Again the Divisional Pension Officer directed the ESIS that for correction of the pay-scale of the petitioner in respect of counting of ad hoc services, the matter be sent to the Joint Director, Treasury and Account for re-examination. The ESIS vide letter dtd. 1/8/2023 sent the matter to the Joint Director, Treasury, Indore for approval of pay fixation. Therefore, respondents No.1 and 3 have no objection in respect of grant selection grade to the petitioner.