BABU LAL SHRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) This intra Court appeal arises out of order dated 23/4/18 passed by learned Single Judge in W.P. No.7816/2013 and connected matters, whereby the petitioner/appellant has been held to be a fence sitter and not entitled to arrears of pension from the date of retirement, but from the date of filing of petition.

(2.) As such, this Court has to dwell upon the question as to whether the appellant is entitled to arrears of pension from 31/12/1995 (the date of superannuation of the petitioner) till the date of registration of W.P. No.7816/2013 i.e. 21/10/13. It is seen from the record that appellant attained the age of superannuation on 31/12/1995 as Gram Rozgar Sahayak which was earlier known as Gram Sahayak.

(3.) A bare perusal of the record reveals that since the appellant was not extended the benefits of decision in Panchayat Karmchari Sangh Vs. State of M.P. and another, 1985 JabLJ 609, which was a judgment in rem in the case of similarly situated employees, on 6/11/2000, he preferred Original Application No.1080/2001 before the erstwhile State Administrative Tribunal, which on abolition of the Tribunal, was transmitted to this Court and registered as W.P. No.6349/2003. The said petition was allowed vide order dated 11/5/2004 and the order was affirmed by the Apex Court in SLP (C) No. 24266/2008 which was dismissed on 12/1/12.