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R.B.DIXIT, CHANDRESH BHUSHAN
B. D. Dubey – Appellant
Versus
State of M. P. – Respondent
Bhushan, J. -- Aggrieved by order dated 14.7.1998 (Annexure-PII), passed by the M.P. State Administrative Tribunal, Gwalior, in O.A. No. 160/98, this petition under Article 227 of the Constitution of India has been preferred by the petitioner.
The facts in brief are that the petitioner, who was holding the post of Joint Director of Education, retired w.e.f. 30.6.1988. Thereafter, a departmental enquiry for mis-conduct was held against him, but was later on dropped vide order dated 23.2.1995 (Annexure-P-3) and he was paid an-ears of pension amounting to Rs. 98,631/- together with commuted amount of pension of Rs. 60,978/- and gratuity and leave encashment on 19.8.1996 and 24.5.1997. Contending that these amounts of his retiral benefits were withheld without any authority of law and therefore, he was entitled to interest on all these amounts at the rate of 18% per annum, an application, registered as O.A. No. 160/98, was filed by the petitioner before the M.P. State Administrative Tribunal, Gwalior. That original application of his was disposed of by that tribunal vide impugned order dated 14.7.1998 allowing his claim of interest at the rate of 12% per annum on the amount
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