VIPIN KUMAR SAXENA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS Writ Appeal is filed by the appellant being aggrieved by the order dated 26-2-2009 passed by Single Bench of this Court in W. P. No. 1092/2008 (s ).

(2.) THE brief facts of the case are that appellant/writ petitioner is the husband of late Smt. Vimla Devi Saxena, who was appointed as a teacher on 2-8-1972. According to the appellant, at the time of appointment date of birth of his wife was recorded as 5-2-1942 in the service record and she was retired in the month of February, 2004 on attaining the age of 62 years, which is the age of superannuation in cases of teachers. She died on 15-5-2004.

(3.) THE present appellant had filed a writ petition, i. e. , W. P. No. 1092/2008 praying therein that his wife's retiral dues be released to him along with interest at the rate of 12% per annum taking into account the date of birth of his wife as 5-2-1943. This writ petition was dismissed by the learned single Bench, hence this appeal.