Mrs. Maya Sisodiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 7020 MP

                                                                       1                              WP-20789-2021
                                              The High Court Of Madhya Pradesh
                                                       WP No. 20789 of 2021
                                              (MRS. MAYA SISODIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

      2
      Jabalpur, Dated : 29-10-2021
                                         Ms. Neha Bhatia, learned counsel for the petitioner.
                                         Issue notice to the respondents on payment of process fee within

seven working days by RAD mode.

Heard on the question of interim relief. I t is pointed out that with respect to the wrong pay fixation of the

petitioner, the recovery order has been issued to the tune of Rs.8,14,635/- including interest. The principal amount has already been recovered from the petitioner amounting to Rs.4,89,862/-. Now, the interest part remains to be recovered.

It is pointed out that the aforesaid issue has been considered and decided by Indore Bench in the case of Rajendra Bhawsar Vs. The State of M.P. and others decided on 13.09.2017 passed in W.P.No.826/2017 which was given stamp of approval by the Division Bench of Indore Bench in W.A.No.120/2018 decided on 06.08.2018 therefore, no recovery of interest

can be made. It is further pointed out that the retrial claims has not been settled till date. Apart from the amount which is recoverable from the petitioner.

State counsel is directed to seek instructions with respect to finalization of the pensionary dues of the petitioner by the next date of hearing.

Considering the facts and circumstances of the case and the judgment passed by the Division Bench in the case of Rajendra Bhawsar (supra) no further recovery shall be made from the petitioner till the next date of hearing.

List the matter in the week commencing 06.12.2021.

(VISHAL MISHRA) JUDGE

Sha

SMT Digitally signed by SMT SHALINI SINGH LANDGE DN: c=IN, o=HIGH COURT OF

SHALINI MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya

SINGH Pradesh, 2.5.4.20=571661a5ba04340d50d7 005c586874c8fe1c02e07ce90b87

LANDGE 1c2c4584cba9725e, cn=SMT SHALINI SINGH LANDGE Date: 2021.10.30 11:38:35 +05'30' 2 WP-20789-2021