Rekhan Singh Satnami vs The State Of Madhya Pradesh
2021 Latest Caselaw 8180 MP

                HIGH COURT OF MADHYA PRADESH
               1                                   W.P.No.26740/2021
           (Rekhan Singh Satnami Vs. State of M.P. & Ors.)

Gwalior Bench:
Dated 03/12/2021
     Shri Atul Kumar Rai, learned counsel for the petitioner.

      Shri Sanjay Kumar Sharma, learned Government Advocate

for the respondents/State.

By way of filing this petition under Article 226 of the

Constitution of India, petitioner has sought following reliefs:-

"(i) Petitioner is praying for quashing of the recovery and interest amount. As they belongs to Class III Cadre. And direct the respondents to release the full pension to the petitioner.

(ii) This Hon'ble Court may kindly be pleased to direct the respondents/authority to forgive the interest amount of rs. 12,73,930/-.

(iii) As identical case of this Hon'ble Court interfered, and granted the benefits to the petitioners. In the number of identical cases, this Hon'ble Court had quashed the interest amount and allowed the petitions. The petitioner also wants similar relief.

(iv) That, any other relief which this Hon'ble Court may deem fit and proper may kindly be granted to the petitioner.

(v) Cost of the petition is also awarded."

Learned counsel for the petitioner has fairly stated before this

Court that so far as the recovery of principal amount is concerned,

the department is certainly free to recover the principal amount.

Further, he has drawn attention of this Court towards the order

dated 13.09.2017 passed in the case of Rajendra Bhawsar vs. State

of M.P. and Others i n W P No.826/2017. He has also placed other

judgments also in respect of identically placed employees.

Learned Govt. Advocate has not disputed the aforesaid order HIGH COURT OF MADHYA PRADESH

(Rekhan Singh Satnami Vs. State of M.P. & Ors.)

and he has fairly stated before this Court that so far as the recovery

of interest component is concerned, this Court has granted relief to

identically placed employees.

Resultantly, the writ petition stands disposed of with liberty

to the respondent to recover the principal amount from the

petitioner who has already been retired and therefore, the amount

cannot be recovered from his salary, and therefore, the

respondent/State shall be free to recover the amount from his retiral

dues.

The recovery in respect of interest component stands

quashed.

Certified copy, as per rules.

(Anand Pathak) Judge jps/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

PRAKASH st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7 633f4cfb9e38ce14fcbb05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB219 3780D8357,

SOLANKI serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D 8C01433EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2021.12.04 10:16:44 +05'30'