Shivram Chourasiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 6745 MP

                                                         1                             WP-17010-2018
                              The High Court Of Madhya Pradesh
                                         WP-17010-2018
                               (SHIVRAM CHOURASIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 23-10-2021
                            Shri Manoj Kumar Chansauria, learned counsel for petitioner.

                            Shri V. S. Choudhary, learned P.L for respondent/State.

Petitioner has filed this petition challenging Treasury objection contained in Annexure P/8. Treasury has raised an objection that petitioner has been granted wrong pay scale and, therefore, recovery is to be made

from petitoner.

Learned counsel for petitioner submitted that petitioner is a Class-III employee and has retired in year 2016. It is submitted that no recovery can be made from petitioner as he is covered by Para 18(i) & (ii) of the judgment passed by Apex Court in the case of State of Punjab and others vs. Rafiq Masih (White Washer) etc, reported in (2015) 4 SCC 334. In view of same, learned counsel for petitioner makes a prayer for quashing the Treasury objection contained in Annexure P/8 and to direct the respondents to pay pension and retiral dues to the petitioner.

Learned Panel Lawyer appearing for the respondent/State objected to the prayer made by learned counsel for petitioner. It is submitted by him that since excess salary has been paid to petitioner, therefore, respondents can recovery the same from petitioner as per law.

Considering the judgment passed by the Apex Court in the case of Rafiq Masih (White Washer) (supra) it is found that case of petitioner is covered by said judgment and respondents cannot recover the amount after long delay from a retired Class-III employee.

In view of same, this writ petition is allowed. Treasury objection is quashed. Respondents will not recover any amount from petitioner pursuant to Treasury objection.

C.C as per rules.

Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2021.10.25
10:18:17 IST
                             2          WP-17010-2018
                                (VISHAL DHAGAT)
                                     JUDGE
                      mms




Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2021.10.25
10:18:17 IST