JEEWAN LAL MEWAFAROSH Vs. STATE OF MP

JUDGEMENT

(1.) The petitioner before this Court a retired Principal has filed this present writ petition being aggrieved by an action of the respondents in withholding the retiral dues. The contention of the petitioner is that he was appointed in the year 1986 Principal P.C. College, Datia and has attained the age of superannuation on 31st January, 2007 on completion of 62 years of age. The petitioner has further stated while he was in service a charge sheet was issued on 17.6.2005 alleging various misconduct and the petitioner did submit a reply to the charges levelled against him. The petitioner's contention is that till date no final order has been passed by the respondents in the departmental enquiry pending against the petitioner. The petitioner's contention is that as per the provisions of Madhya Pradesh Civil Services (Pension) Rules, 1976 he is entitled for full pension as the departmental enquiry proceedings have not been completed within a period of two years from the date of institution. The learned counsel for the petitioner has stated before this Court that the matter is squarely covered by a judgment delivered by this Court in W.P. No. 6786/2003 (Hiralal Dixit v. State of M.P. & others) wherein in the similar facts and circumstances as Departmental Enquiry was not concluded within a period of two years from the date of retirement of a Government servant, this Court has directed payment of all terminal dues to the petitioner therein. Learned counsel for the petitioner has also relied upon a judgment delivered by this Court in the case of State of M.P. & Others v. R.L. Ogale and others, 2006 (3) JLJ 218=2006 (l)MPLJ 412.

(2.) The respondents State has filed a reply and does not dispute the factual aspect relating to departmental enquiry.

(3.) Heard learned counsel for the parties at length and perused the record.