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2022 DIGILAW 1109 (MP)

Sudam Khade v. Sudha Jadon

2022-09-08

MILIND RAMESH PHADKE, ROHIT ARYA

body2022
ORDER Arya, J. -- 1. This intra Court appeal has been filed under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005, being aggrieved by the order dated 18.7.2022 passed by the learned Single Judge in Writ Petition No. 23018 of 2021, whereby respondent No. 2 has been directed topay a cost of Rs.50,000/-, as well as, interest at the rate of 6% per annum on the delayed payment of pension from his personal pocket. 2. In compliance of the order passed on 23.8.2022, Dr. R. R. Bhosle, Director, Women & Child Development/In-charge Commissioner and Dr. Abdul Ghaffar, District Programme Officer, Women & Child Development, Bhind are present in person. 3. Dr. Bhosle does not dispute that respondent No.1 reached the age of superannuation on 31.3.2020 while serving on deputation with Women and Child Development Department at Bhind. He also does not dispute that NOC was issued by the borrowing department to the parent department i.e. Directorate of Health Services only on 20.6.2022. He fairly submits that there is an inordinate delay in forwarding of the NOC. However, the delay so caused is attributable to the District Programme Office, Women and Child Development, District Bhind. Dr. Bhosle further submits that he has joined the department on 1.9.2021. No sooner the aforesaid lapse was brought to his notice, he has taken action not only in the matter of forwarding of NOC as aforesaid, but has also suspended the Dealing Assistant at District Bhind vide order dated 7.9.2022, and on the same day issued show-cause notice to the District Programme Officer, Bhind. 4. Shri Dudawat, learned Senior counsel appearing for appellant (respondent No.2 in the writ petition) submits that respondent No.2 joined the Health Department as Commissioner only on 27.12.2021. Besides, as is well evident, NOC was issued in respect of respondent no.1 by the borrowing department only on 20.6.2022 and the PPO was issued on 17.7.2022. Under such circumstances, no delay is attributable to appellant/respondent No.2 in the aforesaid context. These facts were not brought to the notice of the learned Single Judge, which has resulted into saddling of liability of Rs.50,000/- upon the appellant with 6% interest on the delayed issuance of PPO. Hence, the aforesaid directions are dehors the facts and wholly un-warranted. 5. Under such circumstances, no delay is attributable to appellant/respondent No.2 in the aforesaid context. These facts were not brought to the notice of the learned Single Judge, which has resulted into saddling of liability of Rs.50,000/- upon the appellant with 6% interest on the delayed issuance of PPO. Hence, the aforesaid directions are dehors the facts and wholly un-warranted. 5. At this stage, Shri Katare, learned counsel for respondent No.1 submits that respondent no.1/writ petitioner has suffered due to the lapse committed by the Women and Child Developemnt Department in the obtaining facts and circumstances of the case, therefore, the alleged interest of 6% as ordered by the learned Single Judge be paid by the erring officers of the Women and Child Development Department. 6. Shri Abdul Ghaaffar, District Programme Officer, Women and Child Development Department, District Bhind fairly submits that indeed the delay from 31.3.2020 to 20.6.2022 is caused in his Office in forwarding the NOC, therefore, he is prepared to make good the payment of 6% interest to the writ petitioner for the delay so caused. 7. In view of the aforesaid, we are of the considered view that the cost imposed upon the appellant (respondent No.2 in writ petition) by the learned Single Judge to the tune of Rs.50,000/- and liability saddled upon him to pay 6% interest for the delayed payment of dues was not warranted in the obtaining facts and circumstances of the case. Therefore, the said direction is set aside. However, respondent No.1/writ petitioner is entitled to payment of 6% interest for the period 31.3.2020 to 20.6.2022 on the arrears of pension and the same shall be payable by Shri Abdul Ghaffar, District Programme Officer, Women and Child Development, Bhind. With the aforesaid, the writ appeal stands disposed of.