Yagya Sharan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2383 MP

                                     1                               WP-3860-2018
        The High Court Of Madhya Pradesh
                   WP-3860-2018
            (YAGYA SHARAN SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 15-06-2021
      Heard through Video Conferencing.

      Shri Vivek Kumar Shukla, learned counsel for the petitioner.
      Shri Piyush Dharmadhikari, learned Government Advocate for the
respondents No.1, 5 and 6.

Shri Anoop Nair, learned counsel for the respondents No.2 to 4.

The petitioner is aggrieved with the order dated 15.01.2018 issued by the Pension Officer for fixing the pension on the basis of the pay-scale of 10540+2800 =13340 as on 01.07.2006 and directing the consequential recovery.

The submission of counsel for the petitioner is that in view of the judgment of the Hon'ble Supreme Court in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) and others, (2015) 4 SCC 334, such a recovery could not have been directed in respect of a retired employee/an employee on the verge of retirement.

When the matter is taken up today, a limited prayer has been made by the counsel for the petitioner that the petitioner be granted liberty to file an appropriate representation and a direction be issued to decide the same in the light of the judgment in the case of Rafiq Masih (supra).

Learned counsel for the respondents have no objection. In the circumstances, in view of the limited prayer made by the petitioner, without entering into the merits of the case, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a representation before the respondent/authorities alongwith a certified copy of the order passed today and a copy of the petition within a week from today, the concerned authority shall consider and decide the petitioner's representation in accordance with law expeditiously preferably within a period of three months thereafter keeping in mind the law laid down 2 WP-3860-2018 by the Supreme Court in the case of Rafiq Masih (supra) and in case the petitioner is found entitled to relief prayed for by him, the amount recovered from the petitioner shall be reimbursed to him.

With the aforesaid directions the petition filed by the petitioner stands disposed of.

C.C. as per rules.

     (PRAKASH SHRIVASTAVA)                                (VIRENDER SINGH)
            JUDGE                                                 JUDGE


DV


Digitally signed by
DINESH VERMA
Date: 2021.06.16
10:43:57 +05'30'