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ANAND PATHAK
Alok Shukla – Appellant
Versus
State of Madhya Pradesh – Respondent
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
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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