Raman Kasar vs The State Of Madhya Pradesh
2021 Latest Caselaw 6470 MP

                                  1                                WA-921-2021
        The High Court Of Madhya Pradesh
                    WA-921-2021
       (RAMAN KASAR AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 05-10-2021
      Heard through Video Conferencing.

      Shri Rajendra Kumar Shrivastav, learned counsel for the appellants.
      Shri Darshan      Soni,   learned    Government Advocate         for   the
respondents/State.

This appeal is directed against the judgment of the learned Single Judge

dated 14.09.2021. The appellants in the writ petition, challenged the orders dated 06.12.2018 and 02.06.2021. By the aforesaid orders, the respondents directed recovery of certain amount from the appellants on a premise that the recommendation of the 6th Pay Commission was wrongly granted to the appellants with effect from 01.01.2006. Whereas, as per the order dated 08.09.2008, passed by the Department of Panchayat Rural and Urban Development, Bhopal and the order dated 08.08.2013, such benefit was required to be extended to the employees of the Jila Panchayat and Janpad Panchayat with effect from 01.04.2013.

The learned Single Judge has declined to interfere with the impugned order observing that the appellants are unable to point out as to what prejudice is caused to them and that the appellants shall not be placed in inequitous position by recovery. The appellants cannot be permitted to retain the excess amount from belated period.

Having heard learned counsel for the appellants and particularly when the appellants were not able to point out that similar benefit has been granted to any other similarly situated employee of their status from 01.01.2006, without interfering with the impugned order, we direct that although respondents may make recovery of the excess amount from the appellants in 12 equal monthly installments every month but shall not charge any interest on that amount.

With the aforesaid direction, the appeal is disposed of.

                                                                2                WA-921-2021
                                            (MOHAMMAD RAFIQ)       (VIJAY KUMAR SHUKLA)
                                             CHIEF JUSTICE                    JUDGE
                                      anu




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Date: 2021.10.07 12:04:21 IST