Prasad Tiwari vs The State of Madhya Pradesh

K.K. Trivedi, Judge

Heard on the question of admission. It is contended by Learned Counsel for the petitioner that in view of the law laid down by the Full Bench of this Court in the case of Vishnu and Others Vs. State of Madhya Pradesh and Others, as also in the case of Ram Naresh Pathak Vs. State of M.P. [W.P.No.13520/2006(S)] and the bunch of cases decided on 25.9.2006, the petitioner is entitled to 50% back wages of the period when he was not continued in the employment on account of making application of a circular and retiring the petitioner on completion of 30 years of service or attaining the age of 60 years. It is contended that the petitioner though is reinstated in service, such wages have not been paid to him.

Considering the law laid down by this Court in the case of Vishnu Mutiya (supra), this writ petition is disposed of with a direction to grant similar benefits to the petitioner as has been extended by this Court in the aforesaid cases and to pay 50% back wages for the period of absence of the petitioner as is claimed by him, within a period of two months from the date of receipt of certified copy of the order passed today.

With the aforesaid, the writ petition stands disposed of finally. Certified copy as per rules.