IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT

th

ON THE 12 OF JANUARY, 2026 WRIT PETITION No. 1956 of 2017

RAM BABU SHARMA AND OTHERS

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Anil Sharma - Advocate for the petitioners.

Shri Sanjay Singh Kushwaha - Government Advocate for the

respondent/State.

ORDER submitted a representation and in compliance of order passed by this Court, the respondents have awaited the decision by the State Government/respondent No.1 who have taken decision on 03.06.2015/23.06.2015. Thereafter, the respondents made the payment after May, 2016. Petitioners have submitted a representation seeking interest on the dues and they are entitled for interest for delayed period. The State Government has taken decision in June, 2015 and the payment was made only after May 2015.

This petition, under Article 226 of the Constitution of India, has been

filed seeking the following relief:-

"The petitioners, therefore, most humbly pray that this Hon'ble Court may kindly be pleased to allow this petition and thereby issuing a writ/mandamus/directions/order to the respondents to make the payment of interest for delayed period @ 12% per annum within a specific period as fixed by this Hon'ble Court. To pass such other further order(s) deemed fit and proper in the

interest of justice. Cost may also be awarded."

2. Learned counsel for the petitioners submits that the respondents

have extended the benefit of non-practicing allowance to similar situated person but they have not granted same to the petitioner, therefore, petitioners were approached before this Court by filing W.P.No.3352/2013 and W.P.No.4335/2014 which were decided on 17.05.2013 and 20.06.2014 respectively. It is further submitted that the petitioners have immediately

3. Per contra, learned counsel for the respondent/State submits that non-practicing allowance has been sanctioned to the petitioners after general directions were received by the State Government vide letter dated June, 2015. Thereafter, without any further delay, the NPA has been sanctioned and paid to the Medical Officers.

4. Heard learned counsel for the parties and perused the record.

5. The State government has taken decision by order dated

03.06.2015/23.06.2015 and thereafter, the respondents have not paid immediately the amount of non-practicing allowance to the petitioners and they have not explained the delay from June, 2015 till actual payment.

6. The Division Bench of this Court in the case of Lakhanlal Borasi v.

State of M.P. & Ors., passed in W.A. No.1869/2018 dated 5.4.2019 relying various judgments passed by the Apex Court wherein it has been held that retired employee(s) is entitled to the interest on the unpaid post retiral dues.

Relevant Paras of order dated 5.4.2019 reads as under:

"Hon’ble The Supreme Court in the matter of S.K.Dua Vs. State of Haryana & Another AIR 2008 SC 1077 in this regard has held that a retired employee on account of the delay in payment of retiral dues is entitled to the interest not only under the applicable rules, regulations etc. but even in the absence thereof, he can claim interest under Part III of Constitution relying upon Art.14,19 and 21 as the retiral benefits are not in the nature of bounty.

The division bench of this court also in the matter of State of M.P. and others Vs. Ramji Das Agarwal 2013(1) MPLJ 53 has held that a retired employee is entitled to the interest on the unpaid post retiral dues.

In the matter of Aditya Mishra Vs. State of M.P & Ors. 2014(2) MPLJ 59 also this court in a case where retiral dues was withheld without any justifiable reason has held the employee to be entitled to the interest for the delay in making the payment of retiral dues."

7. Considering the above, the respondents are directed to pay interest at the rate of 6% per annum from June, 2015 till the date of actual payment, to be made within a period of three months from the date of receipt of a certified copy of this orde