HARIHAR PRASAD PANDEY Vs. STATE OF M P & ORS
LAWS(MPH)-2018-8-103
HIGH COURT OF MADHYA PRADESH
Decided on August 16,2018

Harihar Prasad Pandey Appellant
VERSUS
State Of M P And Ors Respondents

JUDGEMENT

Sujoy Paul, J. - (1.) In this petitioner, the petitioner has prayed for following reliefs:- (i) That, the Hon'ble Court may kindly be pleased to direct to respondent to consider the case of petitioner for issuing pension in accordance with rules and law laid down, taking into consideration of the whole services rendered by the petitioner till superannuation, by issuing an appropriate writ/order or direction in like of nature. (ii) That, in case the petitioner be found entitle for deduction of gratuity in pursuance to the order (Annexure P-2) dated 10.01.1997 the same may also be directed to pay to petitioner with the arrears of whole payable pension with interest in accordance with law. (iii) Any other reliefs for which the petitioners be found entitled under the facts and circumstances of this case may kindly also be granted including cost of this petition.
(2.) Shri M.P. Shukla, learned counsel for the petitioner advanced singular contention. He submits that in view of recent Full Bench decision rendered in WP. No.1353/11 (Ram Sewak Mishra vs. State of M.P.), the action of respondents in withholding the pension of petitioner on permanent basis is bad in law. The respondents have withheld the pension without affording any opportunity to the petitioner.
(3.) During the course of arguments, learned counsel for the petitioner fairly submits that the petitioner was convicted in Crime No.15/1992 under various sections of Prevention of Corruption Act, 1988 and said judgment got a stamp of approval till Supreme Court.;


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