PREM CHAND CHATURVEDI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution takes exception to the order dated 18.8.2010 Annexure P/1 whereby the State Government by invoking Rule 9 of Madhya Pradesh Civil Services (Pension) Rules, 1976 (for short 'Pension Rules') stopped the entire pension of the petitioner permanently.

(2.) Brief facts as stated by Shri Parag Chaturvedi are that the petitioner was working as Drug Inspector. He retired on attaining the age of superannuation in the year 1985. Since retiral dues have not been paid to the petitioner, he filed OA No.194/89 before the Tribunal. The petitioner has not filed the said order. However, the order passed in MA No.114/97 Annexure P/6 shows that the petitioner filed a review application seeking review of order passed in OA No.194/1989. The review petition was allowed by the Tribunal and the respondents were directed to grant anticipatory pension to the petitioner. The Tribunal made it clear that entitlement of the petitioner to receive the pension in future will remain subject to general conditions stated in the Pension Rules.

(3.) Shri Chaturvedi submits that the impugned order dated 18.8.2010 Annexure P/1 came as a bolt from blue to the petitioner. Without affording any opportunity of hearing respondents have passed the impugned order whereby complete pension of the petitioner is permanently stopped. Criticising this order, Shri Chaturvedi raised following points: