Madhya Pradesh High Court
WP/16519/2023 of DR. NEELAM KAPIL Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIAON THE 2[nd] OF FEBRUARY, 2024
WRIT PETITION No. 16519 of 2023
BETWEEN:-
DR. NEELAM KAPIL W/O ARUN KAPIL, AGED: 67 YEARS,OCCUPATION: RETIRED PROFESSOR, R/O: 10, STATEBANK COLONY, DEWAS ROAD, UJJAIN (MADHYAPRADESH)
(BY SHRI MURTUZA BOHRA - ADVOCATE.)
.....PETITIONER
AND
1.THE STATE OF MADHYA PRADESH, THROUGHTHE COMMISSIONER, HIGHER EDUCATIONDEPARTMENT, 5[TH] FLOOR, SATPURA BHAWAN,BHOPAL (MADHYA PRADESH)THE COMMISSIONER, HIGHER EDUCATIONDEPARTMENT, 5[TH] FLOOR, SATPURA BHAWAN,BHOPAL (MADHYA PRADESH)
2.THE REGISTRAR, VIKRAM UNIVERSITY UJJAIN,UNIVERSITY ROAD, MADHAV BHAWAN, NEARVIKRAM VATIKA, UJJAIN (MADHYA PRADESH)UNIVERSITY ROAD, MADHAV BHAWAN, NEARVIKRAM VATIKA, UJJAIN (MADHYA PRADESH)
3.THE PRINCIPAL MADHAV SCIENCE COLLEGE,UJJAIN-DEWAS ROAD, UJJAIN (MADHYAUJJAIN-DEWAS ROAD, UJJAIN (MADHYA
PRADESH)
.....RESPONDENTS
(RESPONDENTS NO.1 AND 3 - STATE OF MADHYA PRADESH BY SHRISUDHANSHU VYAS - ADVOCATE APPEARING ON BEHALF OFADVOCATE GENERAL.)
This petition coming on for admission this day, the court passed the following:
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ORDER
The petitioner has filed the present petition under Article 226 of the Constitution of India seeking the following relief: - “7. RELIEF
a) To allow the present petition with costs.
b) To issue appropriate writ / order / direction to the respondents togrant revised pension with entire arrears in accordance withnotification dated 26-10-17 and to revise the pension of the petitionerfrom time to time at par with the state government employee in futurealso.
c) To issue appropriate writ / order / direction to the respondents topay the interest @ 12 % on delayed payment of pension andpensionary benefits as per Finance Department CircularF.B.6/19/83/Rule-2/Four dated 25-04-1984 upheld decision passedby division bench in State of M.P. v. Ramji Das Agarwal reported in2013 (1) M.P.L.J. 53.
d) any other relied that this Hon’ble Court deems fit.”
2. Learned counsel for the petitioner submits that the case of the presentpetitioner is squarely covered by decision dated 03.02.2015 rendered by theSingle Bench of this Court in the case of Dr. Surendra Kumar Gupta S/oLate Shri Dhirendra Narayan Guptav. The State of Madhya Pradesh and others(Writ Petition No.12169 of 2013), which has been affirmed by aDivision Bench of this Court vide order dated 29.01.2016 passed in WritAppeal No.372 of 2015. Thereafter, Petition for Special Leave to Appeal
(C) No (s).10143/2016 (Arising out of impugned final judgment and orderdated 29.01.2016 in WA No.372/2015 passed by the High Court of MP atIndore) preferred by the State of Madhya Pradesh was also dismissed on22.04.2016. Hence, a prayer is made for issuance of the identical directions inthe present writ petition also.
3. Learned counsel appearing for the respondents have not disputed theaforesaid legal position of law.
4. In this view of the matter, the present writ petition is also disposed offin the light of order dated 03.02.2015 passed by the Single Bench of this Courtin the case of Dr. Surendra Kumar Gupta S/o Late Shri Dhirendra Narayan Gupta(supra) and the aforesaid decision would be applicable to thefacts and circumstance of the present case mutatis mutandis.
5. Accordingly, this writ petition also stands allowed. The respondentsare directed to act, in accordance with the direction contained in Dr. SurendraKumar Gupta (supra). The State of Madhya Pradesh is directed to extend allpensionary benefits to the petitioner in view of the notification dated26.10.2017. The exercise of granted pension, arrears of pension and otherbenefits by issuing a revised Pension Payment Order (PPO) be completedwithin a period of ninety days from the date of receipt of certified copy of thisorder.
Pending interlocutory application, if any, also stands disposed of.
rcp
(VIVEK RUSIA)JUDGE