Court mandates payment of Death-Cum-Retirement Gratuity with interest, recognizing equal treatment under High Court Judges Act.
In a landmark judgment, the Madhya Pradesh High Court has ruled in favor of former Lokayukts, Justice Naresh Kumar Gupta and Justice Umesh Chandra Maheshwari, affirming their entitlement to Death-Cum-Retirement Gratuity (DCRG) benefits. The decision came as a response to the denial of gratuity by the Principal Accountant General (PAG), which was contested by the petitioners on the grounds of equality and legislative provisions.
Presiding over the writ petitions, Chief Justice Sanjeev Sachdeva and Justice Dwarka Dhish Bansal determined that even in the absence of explicit provisions in the Madhya Pradesh Lokayukt and Up-lokayukt Adhiniyam, 1981, and the corresponding Rules of 1982, the petitioners are entitled to gratuity benefits as per the High Court Judges (Salaries and Conditions of Service) Act, 1954. The court highlighted a legislative shift in 2004, aligning the allowances and conditions of service for Lokayukts with those of Supreme Court and High Court judges.
The petitioners, who had previously served as judges of the Madhya Pradesh High Court before their appointments as Lokayukt and Up-lokayukt, argued that their subsequent service entitled them to separate gratuity benefits. The PAG had initially declined gratuity payments citing the lack of specific provisions and a gratuity ceiling applicable to High Court judges. However, the court ruled that such a ceiling does not apply to the services rendered as Lokayukt or Up-lokayukt.
The judgment also emphasized the violation of Article 14 of the Indian Constitution, which ensures equality before the law, as similar benefits had been previously granted to other former Lokayukts and Up-lokayukts. Consequently, the court ordered the respondents to pay the DCRG to the petitioners within eight weeks, along with interest at 7% per annum from the date they demitted office.
This decision underscores the court's commitment to uphold legislative intent and equitable treatment, setting a precedent for similar cases in the future.
Bottom line:-
Lokayukt and Up-lokayukt are entitled to Death-Cum-Retirement Gratuity (DCRG) benefits for their service, even in the absence of specific provisions in the Madhya Pradesh Lokayukt and Up-lokayukt Adhiniyam, 1981 or Rules, 1982, as per the High Court Judges (Salaries and Conditions of Service) Act, 1954.
Statutory provision(s): Madhya Pradesh Lokayukt and Up-lokayukt Adhiniyam, 1981, High Court Judges (Salaries and Conditions of Service) Act, 1954, Constitution of India, 1950 Article 14
