High Court Of ChhattisgarhWPS/939/2014dismissed

Tuleshwer Patel v. State Of Chhattisgarh And ORS.

2018-04-30Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.939 of 2014 Tuleshwer Patel S/o Shri Kamlakar Patel Aged About 66 Years Occupation Retired Sub Engineer R/o Ganga Nagar Sector-2 Mangala Road Bilaspur (CG).

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Public Works Mantralaya, Mahanadi Bhawan, Naya Raipur, P.S. Abhanpur Distt. Raipur C.G., Chhattisgarh

2. Additional Secretary, C.G. Govt. General Administration Department Member Secretary, Pension Retiral Dues Committee Mantralaya, Mahanadi Bhawan Naya, Raipur, P.S. Abhanpur Distt. Raipur C.G., District : Raipur, Chhattisgarh

3. Branch Manager, State Bank Of India Branch Sarkanda Distt. Bilaspur C.G., District : Bilaspur, Chhattisgarh

4. Accountant General, Office Of Accountant General Raipur, Distt. Raipur C.G., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Shri Atul Pandey, Advocate.

For State :

Shri Adhiraj Surana, Dy. G.A.

For respondent No.3 :

Shri B.D. Guru, Advocate.

For respondent No.4 :

Shri Raj Kumar Gupta, Advocate.

SB: Hon'ble Shri Justice P. Sam Koshy Order On Board 30/04/2018

1. The grievance of the petitioner in the instant case is non granting of interest on the revised pension granted to the petitioner.

2. The amount of revised pension granted to the petitioner and the difference amount being so paltry an amount, this court refrain itself from entertaining the writ petition on this ground alone.

Accordingly, the petition is dismissed.

Sd/- (P. Sam Koshy) Judge inder

5. The counsel for the State however opposing the writ petition submits that the two judgments referred to by the petitioner would not be applicable in the instant case. According to him, it is a case where the order of revocation of suspension has been issued by the same authority who had issued suspension order also. The authority who has issued an order of suspension also has a power vested with him. So far as posting of the petitioner at some other place is concerned, if on revocation of suspension, the authority finds it fit for posting the petitioner at a different place, the same is within his power and domain. Therefore, it cannot be said to be in any manner illegal or bad in law. He further submits that the case of the petitioner stands squarely covered by the decision of the Full Bench judgment of MP High Court in case of Asif Mohd.Vs. State of MP & Another, 2015(4) MPHT 406.