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State of Madhya Pradesh Vs. Hitkishore Goswami [16/02/15]

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[Civil Appeal No. 1892 of 2015 arising out of SLP (C) No. 21865/2014]. This appeal is filed by the State of M.P. against the judgment/order dated 09.10.2013 passed by the High Court of M.P. in W.A. No.478 of 2013 which arise out of judgment/order dated 05.07.2013 passed by the Writ Court in W.P. No.1475/2009 (S). By impugned judgment, the Division Bench of the High Court dismissed the appeal filed by the State (appellant herein) and upheld the order of the Writ Court (learned Single Judge) which allowed the respondent's writ petition by issuing directions in the nature of mandamus against the appellant (State) in relation to respondent's pension case. The question, which arises for consideration in this appeal is whether the Courts below were justified in allowing the respondent's writ petition and in consequence justified in issuing directions in the nature of writ of mandamus in relation to respondent's pension case. Facts of the case lie in a narrow compass. They, however, need mention, which are taken from the list of dates and the pleadings of the parties infra.

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