HAKIM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution the petitioner contended that he retired on attaining the age of superannuation on 30.11.2005. At that point of time, he was paid 90% of his pension and 60% of gratuity. Remaining retiral dues were withheld. The petitioner approached this court by filing W.P.No.997/07 which was disposed of on 28.6.2008 (Annexure P/1).

(2.) Shri A.P.Singh, learned counsel for the petitioner submits that the respondents were directed to withheld only such amount which is commensurate to the pecuniary loss caused to the State Government subject to result of inquiry. The other admissible claims were directed to be paid along with interest @ 6% p.a. Shri Singh submits that after filing of this petition, the respondents have paid the original amount without interest. Counsel for the petitioner pressed only relief No.7(i) and did not press relief No.7(ii). It is further submitted that petitioner is entitled to get interest @ 15% per annum.

(3.) Prayer is opposed by Shri Sudeep Chaterjee, learned panel lawyer for the State. He submits that requisite amount has already been paid to the petitioner. He placed reliance on the return filed by the respondents wherein it is mentioned that by issuing letters dated 16.6.12 (Annexure R-4) and another letter of same date Annexure R-5, the respondents have released the requisite amount as per directions of this court and nothing remains to be paid to the petitioner.