STATE OF MADHYA PRADESH Vs. GHANSHYAM SWAROOP SHARMA

JUDGEMENT

(1.) IN the present intra -Court appeal filed by the appellants -State under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005, the order dated 21 -3 -2007 passed by the learned Single Judge in Writ Petition No. 5998/2005 (Ghanshyam Swaroop Sharma v. State of M.P. and Ors.) has been called in question.

(2.) IT is worth mentioning that aforesaid writ petition was filed by said Ghanshyam Swaroop Sharma (respondent herein), who got superannuated from the services of the State Government on the post of Deputy Superintendent of Police w.e.f. 1 -7 -2002. As put forth before the learned Single Judge, according to the writ petitioner, on 18 -9 -2001 one annual increment was added to his basic pay and his salary was increased from Rs. 9375/ - to Rs. 9650/ - vide Annexure P -2 to the writ petition and the gross salary along with the basic salary of Rs. 9650/ - was fixed. The writ petitioner was drawing Rs. 14,467/ - at the time of his retirement. A dispute arose at the time of retirement on three counts, as according to the writ petitioner, the pension was calculated at the basic salary of Rs. 8,125/ - per month; gratuity amount was also wrongly calculated by the respondents -appellants at Rs. 1,94,387/ - and that a sum of Rs. 62,575/ - was deducted from the gratuity amount without assigning any reason. Being aggrieved by which, the writ petitioner ultimately approached this Court in W.P. No. 5998/2005 (S) for issue of a direction to the respondents to re -assess the pensionary benefits and gratuity amount taking into consideration the last salary drawn by him and accordingly release the pensionary benefits and gratuity amount according to the rules. A further direction against the respondents therein to refund the deducted amount of gratuity and give all other benefits including interest was also sought.

(3.) IT was also the stand taken by the writ petitioner before the learned Single Judge that, other persons who have been retired, were given the similar benefit and no recovery as such have been made.