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SUJOY PAUL
Devesh Kumar Singh Parihar – Appellant
Versus
State of M. P. – Respondent
Sujoy Paul, J.
1. Learned counsel for the parties contended that the matters involve similar question of facts and law and, therefore, may be heard analogously. Accordingly, matters were analogously heard and decided by this common order.
Writ Petition No. 5550/2010
2. The petitioner was working as Sub-Engineer in the respondent- department. He retired on attaining the age of superannuation on 29.2.2008. The petitioner prayed for releasing the retiral dues including pension, gratuity and other benefits. It is contended that the respondents have only released 90 per cent pension to the petitioner. Rest of the amount was not released by contending that an amount of Rs. 18,71,421/- is due on the petitioner and unless that amount is adjusted, full benefits cannot be extended.
3. Criticizing this order, Shri Rohit Jagwani contended that the action of the respondents is contrary to rule 9 of M.P. Civil Services (Pension) Rules, 1976 (for short, "Pension Rules"). He further submits that the circular dated 4.6.2009 (Annexure P/9) shows that the PWD Department has disapproved the practice of the department in not releasing the retiral dues on the ground of alleged adjustment. It is fu
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