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2019 Supreme(MP) 129

VIVEK RUSIA
Suresh Kumar – Appellant
Versus
State of M. P. – Respondent


Advocates:
Aviral Vikas Khare for petitioner; Nidhi Bohra, Government Advocate, for respondent/State.

ORDER

1. Petitioner has filed the present petition being aggrieved by the order dated 7.11.2017 passed by the Joint Director, Urban Administration and Development, Bhopal by which 50% of the gratuity amount, i.e., Rs. 4,70,429/- has been sanctioned and provisional pension has been fixed.

2. According to the petitioner, he is entitled for 100% gratuity amount and pension under the provisions of rules 9 (4) and 64 of M. P. Civil Services Pension rules after retirement from service.

3. Facts of the case in short are that the petitioner was retired after attaining the age of superannuation on 31.8.2011 from the post of Executive Engineer in Urban Administration and Development Department. Before retirement he was on deputation with the Municipal Corporation, Indore. After retirement he filed the writ petition seeking release of pensionary dues, leave encashment, gratuity etc. By order dated 29.7.2013, Writ Petition No. 9070/2012 was allowed with a direction to the respondents to make payment of pensionary dues to the petitioner with interest @ 12.5% per annum. Thereafter the petitioner filed the Contempt Petition No. 115/2014 followed by another Contempt Petition bearing No. 429/2014. Fin






















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