Smt. Nisha Khatri vs The State Of Madhya Pradesh
2021 Latest Caselaw 2831 MP

                                       1                               WP-11174-2021
           The High Court Of Madhya Pradesh
                      WP-11174-2021
               (SMT. NISHA KHATRI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Gwalior, Dated : 29-06-2021
        Heard through Video Conferencing.
        Shri S.P. Jain,learned counsel for the petitioner.
        Shri Sanjay Sharma,learned Govt. Advocate, for the respondent/State.

Issue notice to the respondents on payment of process fee by RAD mode within seven working days failing which this petition shall stand

dismissed without further reference to the Court.

Heard on the question of interim-relief. It is pointed out that the petitioner is a widow and getting family pension of the deceased-husband who has passed away during service while he was working as Commandant in 13th Battalion, BSF, Gwalior.

The recovery is directed from the pension in dues of the petitioner to the tune of Rs.4,54,499/- and the authorities have started recovery from the pensionary benefits.

Counsel for the petitioner has relied upon the judgment passed by the

Hon'ble Supreme Court in the case of State of Punjab and Others etc. Vs. Rafiq Masih (White Washer) 2015 (4) SCC 334 and submits that no recovery could have been made owing to the wrong fixation of pension made by the authorities for which the petitioner's husband was not liable.

Considering the aforesaid, it is directed that no recovery shall be made from the petitioner till the next date of hearing.

List in the week commencing 2nd August, 2021. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

mani

SUBASRI MANI 2021.06.30 12:11:26

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