Patrik Tigga vs The State Of Madhya Pradesh
2021 Latest Caselaw 8574 MP

                                         1                              WP-27209-2021
           The High Court Of Madhya Pradesh
                    WP No. 27209 of 2021
                   (PATRIK TIGGA Vs THE STATE OF MADHYA PRADESH AND OTHERS)


 Jabalpur, Dated : 09-12-2021
         Shri Atul Kumar Rai, learned counsel for the petitioner.

         Smt. Arti Dwivedi, learned Panel Lawyer for the respondents/State.

Heard on the question of admission and interim relief. By the instant petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dated 30.09.2021 (Annexure-P/1)

whereby the respondents are initiating recovery from his salary on the ground that he has been made excess payment due to wrong fixation made somewhere in the year 2006 which is continued upto August 2021. According to the chart filed by the petitioner showing that the amount which is proposed to be recovered from the petitioner is Rs.3,31,295/- and recovery is being made by the respondents from his salary. Learned counsel for the petitioner relying upon the judgment passed by the Supreme Court in case of State of Punjab and others Vs. Rafiq Masih (White Washer) and others reported in (2015)4 SCC 334 submits that the petitioner is a Class-III

employee and accordingly, recovery cannot be made from him.

Considering the aforesaid, it is directed that if the petitioner is holding Class-III post, no recovery in pursuance to order dated 30.09.2021 (Annexure-P/1) shall be made from his salary till the next date of hearing.

Let notice be issued to the respondents on payment of process fee within a period of seven days by RAD mode, returnable within four weeks.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

ac/-

ANIL CHOUDHARY 2021.12.10 10:41:04 +05'30'