KUDUSI MAVAL Vs. STATE OF M P

JUDGEMENT

(1.) This petition under Article 227 prays for the following reliefs:-

(2.) The foundational factual matrix involved in this case is that the original petitioner who is now been substituted by his wife on account of his death which took place during pendency of this petition, was initially appointed as Jamadar in Fisheries Department in 1966 and promoted as LDC in 1972. He attained the age of superannuation on 30th of June, 2004. It is contended that due to non-handing over of charge of the Store on account of the petitioner being unwell, letter of request was written by the petitioner Annexure R-1 dated 1.9.2004 stating that as soon as the petitioner gets well he shall hand over the charge, awaiting which 90% of his pension be released so that he could make his ends meet.

(3.) The State has filed its reply initially relying upon the above said letter Annexure R-1 dated 1.9.2004 but later following it up with an order dated 13.9.2004 Annexure R-2 by which 90% pension of the petitioner i.e. 2340/- per month was sanctioned w.e.f. 1.7.2004.