SUKHNANDAN CHATURVEDI Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner has filed this writ petition and the grievance of petitioner is with regard to non -payment of back -wages and salary to him for the period from 4.3.1992 to August, 2007 during which period his services were under termination, so also in the matter of settlement of his gratuity and pension. It is stated that even after his retirement on attaining the age of superannuation only provisional pension and provisional gratuity has been paid to the petitioner.

(2.) Respondents had filed the reply and on going through the assertion made by respondents in the return we find that petitioner's services were terminated, this resulted in judicial proceedings being initiated and finally matter came up to this Court at the instance of the petitioner in Writ Petition No.8554/2003 and by a detailed order passed by a Bench of this Court vide annexure P -1 on 12.05.2008 the writ petition was allowed and the termination order quashed and petitioner was directed to be reinstated in service. With regard to payment of arrears of salary or back wages for the period the petitioner remained out of service i.e. from 4.3.1992 to August, 2007, in para 9 and 10 of the order passed in the writ petition on 12.05.2008 the following directions were issued, which reads as under ;

(3.) Shri Anubhav Jain, learned counsel for the petitioner submits that the petitioner attained the age of superannuation in August, 2007, his writ petition W.P. No.8554/2003 was decided on 12.05.2008 and within a reasonable period, say three months from the date of decision of the writ petition his claim for gratuity, pension and all other post retiral benefit should have been settled. His conviction after more than three years from the date of decision in the writ petition on 12.05.2008 cannot be a ground for denying him pensionary benefit, particularly when there is no order passed by the competent authority, namely, the Governor exercising power under Rule 8 read with Rule 9 of the M.P. Civil Services (Pension) Rules, 1976 in the matter of withdrawal or forfeiture of pension.