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2021 Supreme(MP) 352

VISHAL MISHRA
Munna Singh Tomar – Appellant
Versus
State of M. P. – Respondent


Advocates:
D.S. Raghuvanshi for petitier; Vishal Tripathi, Panel Lawyer for respondent/State.

ORDER

1. In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this petition has been heard and decided finally in physical hearing to maintain social distancing.

2. With the consent of the parties, the matter is finally heard in physical hearing.

3. The present petition has been filed under Article 226 of the Constitution of India seeking following reliefs :-

“(i) That, the respondents be directed to make payment of salary to the petitioner between the period 28.10.2002 to 26.10.2006 with interest @ 18% p.a. and the respondents be directed to grant arrears of salary, seniority and other consequential benefits to the petitioner.

(ii) That, the other relief doing justice including cost be awarded.”

4. It is pointed out by the counsel for the petitioner that earlier the petitioner was compulsory retired vide order dated 23.10.2002 from service considering the rule 42 (b) of the Madhya Pradesh Civil Services (Pension) Rules, 1976. The aforesaid order of compulsory retirement was put to challenge by the petitioner alongwith others and in analogous hearing of three other

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