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IN THE HIGH COURT OF MADHYA PRADESH
Anand Pathak, J.
Alok Shukla v. State of Madhya Pradesh & Others
Writ Petition No. 2529 of 2013 (Gwalior);
Decided on 4.10.2023
(1) Civil Services (Pension) Rules, 1976 (M. P.) -- R. 9 (4) Proviso (b) -- Interest Act, 1978 -- Ss. 3 and 4 -- departmental proceedings not concluded within two years from date of institution -- computation of two years taken from date of institution of charge-sheet, i.e., 8.11.2005 -- date would come as 8.11.2007 -- petitioner in service at that time -- resigned on 31.8.2009 -- two years’ period can be reckoned only from date of retirement -- petitioner entitled for restoration of pension on 1.9.2011 -- part of pensionary benefits already paid -- emoluments to be paid as arrears accumulated till date of passing of this order shall carry interest @ 6% per annum. (1999) 8 SCC 110 and (2013) 12 SCC 210 followed. 2020 SCC Online MP 931, 2000 (1) MPLJ 467, 2002 (3) MPLJ 483, 2005 (1) MPLJ 274 and W. P. No. 8528 of 2016 decided on 17.3.2023 relied on.
[Paras 15, 17 & 24
(2) Civil Services (Pension) Rules, 1976 (M. P.) -- R. 9 (4) Proviso (b) -- effect of interim order of Court -- interim order passed in another writ petition stayed further proceedings in inquiry against petitioner -- did not stay effect of R. 9 (4) (b) -- R. 9 (4) (b) nowhere contemplates that restoration of pension after two years would be subject to any interim order of any court of law. [Para 16
(3) Civil Services (Pension) Rules, 1976 (M. P.) -- R. 9 (4) Proviso (b) -- word “shall”-- mandates about compulsive nature of restoration of pension. [Para 16
¼1½ flfoy lsok ¼isU'ku½ fu;e] 1976 ¼eŒçŒ½ & fuŒ 9 ¼4½ ijarqd ¼[k½ & C;kt vf/kfu;e- 1978 & /kkjk 3 rFkk 4 & foHkkxh; dk;Zokgh laLFkkiu ds fnukad ls nks o"kZ ds Hkhrj iw.kZ ugha & nks o"kZ dh lax.kuk vkjksii= ds laLFkkiu ds fnukad vFkkZr~ 8-11-2005 ls & fnukad 8-11-2007 vk,xk & ;kph ml le; lsok esa & 31-8-2009 dks R;kxi= fn;k & nks o"kZ dh vof/k dh lax.kuk lsokfuo`fÙk ds fnukad ls gh dh tk ldrh gS & ;kph 1-9-2011 dks isU'ku dh iqu% LFkkiuk dk gdnkj & isU'ku ds vkaf'kd Qk;ns igys gh lanÙk & bl vkns'k ds ikj.k ds fnukad rd lafpr cdk;k ds :i esa lans; miyfC/k;ksa ij 6 Áfr'kr çfro"kZ dh nj ls C;kt pysxkA ¼1999½ 8 ,l lh lh 110 rFkk ¼2013½ 12 ,l lh lh 210 vuqlfjrA 2020 ,l lh lh v‚uykbu ,e ih 931] 2000 ¼1½ ,e ih ,y ts 467] 2002 ¼3½ ,e ih ,y ts 483] 2005 ¼1½ ,e ih ,y ts 274 rFkk fjV ;kfpdk Øekad 8528 lu~ 2016 fu.khZr fnukad 17-3-2023 voyafcrA ¼iSjk 15] 17 ,oa 24½
¼2½ flfoy lsok ¼isU'ku½ fu;e] 1976 ¼eŒÁŒ½ & fuŒ 9 ¼4½ ijarqd ¼[k½ & U;k;ky; ds varfje vkns'k dk çHkko & brj fjV ;kfpdk esa ikfjr varfje vkns'k ls ;kph ds fo:) tk¡p esa vkxkeh dk;Zokgh jksdh xbZ & fuŒ 9 ¼4½ ¼[k½ dk çHkko ugha jksdk x;k & fuŒ 9 ¼4½ ¼[k½ esa dgha vuq/;kr ugha fd nks o"kZ i'pkr~ isU'ku dh iqu% LFkkiuk fof/k ds fdlh U;k;ky; ds varfje vkns'k ds v/;/khu gksxhA ¼iSjk 16½
¼3½ flfoy lsok ¼isU'ku½ fu;e- 1976 ¼eŒÁŒ½ & fuŒ 9 ¼4½ ijarqd ¼[k½ & 'kCn ^^gks tkosxh** & isU'ku dh iqu% LFkkiuk dh ck/;dkjh ç—fr ds ckjs esa vkKkfir djrs gSaA ¼iSjk 16½
ORDER
1. The present petition is preferred under Article 226 of the Constitution seeking following reliefs:--
(1) That the respondents be directed to finalize the pension case of the petitioner and restore the entire pension and other post-retire dues and make the payment of the arrears along with interest @ 10% per annum from the date the same became due till actual payment.
(2) Issue a writ of mandamus or any other writ, order or direction in the nature of writ under Article 226 of the constitution of India as this Hon'ble Court may deem fit in facts and circumstances of the case.
(3) Cost of the petition may also be awarded.
2. Precisely stated facts of the case are that petitioner at the relevant time was working as Assistant Engineer in the Public Works and Health Department and was posted at Maintenance Sub-Division, Motijheel, Gwalior. Due to personal difficulties, petitioner applied for voluntary retirement in the year 2009 as per the provision of rule 42 (1) (a) of M.P. Civil Services (Pension) Rules, 1976 (hereinafter referred as “Rules, 1976”) and as submitted petitioner was having the required qualifying service for invoking the provision of the aforesaid rules as he was initially appointed in the department on 5.1.1981. Petitioner's application was accepted vide order dated 28.8.2009 and accordingly, the petitioner stood retired from the government service w.e.f. 31.8.2009.
3. Although petitioner was shown to be a suspended employee, however, petitioner was never placed under suspension and aforesaid mistake was rectified by issuing corrigendum to the order of (Annexure P-1) vide order dated 29.08.2009 and it has to be read as Assistant Engineer (Civil) and not as Assistant Engineer (Suspended). However, to appreciate the controversy in better perspective following list of dates and events are important :
| Date | Event | Annexures |
| 8.11.05 | Charge sheet issued in respect to check period from 26.7.1986 to September 1995 i.e. with respect to the event which took place more than nine years back and charge sheet was issued after more than 10 years. | Annexure P-10 |
| 10.11.05 | Another charge sheet issued for the check period from 29.4.1994 to 15.7.1994 and 22.11.1993 to 24.5.1994 i.e. after more than eleven years | Annexure P/6 |
| 24.01.2007 | With respect to the charge sheet dated 10.11.2005 the enquiry report was submitted by the inquiry officer on 24.1.2007 served over the petitioner vide letter dated 26.02.2007. In this enquiry also the inquiry officer has not found the charges proved. | Part of Annexure P6 |
| 28.11.2007 | Acting upon enquiry report the department took the final decision exonerating the petitioner and the matter was forwarded to cabinet on 28.11. 2007. | As reflected in Annexure P-9 |
| 8.2.2008 | As the copy of the enquiry report was also | Annexure P-7 |
| 23.2.2008 10.4.2008 | forwarded to Lokayukta Organization, an objection was raised and in regard to findings and directions were issued to take appropriate action |
|
| 7.5.08 | Petitioner being aggrieved of initiation of further inquiry preferred W.P.No.2088/2008(s) in which notice was issued and stay was granted. | Annexure P-8 |
| 31.8.2009 | Petitioner, Assistant Engineer PHE, Gwalior stood superannuated on : application for voluntary retirement under rule 42 (1) (a) of Pension Rules, 1976 being allowed and minimum pension of rupees 3025/- was sanctioned. | Annexure P-1 |
| 01/06/11 | In the case of identically placed person and the delinquent officer along with the petitioner in the departmental inquiry namely Shri D.K. Jain Assistant Engineer was exonerated of the charges and the departmental proceedings were dropped. | Annexure P-9 |
| 01/06/11 | With respect to the charge sheet issued on 08.11.2005 i.e. P/10 the enquiry report | |
Government employees are entitled to interest on delayed payment of pension and gratuity, and the rate of interest is determined based on the date the amount has fallen due, as per relevant legal pro....
Pension is a property right that cannot be withheld without lawful authority; withholding based on proceedings initiated post-retirement is unlawful, and interest must be paid for delays in disbursem....
The main legal point established in the judgment is that a former employee is entitled to interest on delayed retirement benefits if the delay is attributable to the employer, as per the Railway Serv....
Pension is a constitutional right and cannot be withheld without lawful authority; delays in payment warrant interest.
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