Smt. Saroj Suman vs The State Of Madhya Pradesh
2022 Latest Caselaw 5329 MP

                                                                             1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                    WP No. 8147 of 2022
                                                (SMT. SAROJ SUMAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 11-04-2022
                                     Shri Ashish Kumar Pathak, learned counsel for the petitioner.

                                     Shri Sudeep Chaterjee, learned Government Advocate for the respondents/State.

Heard on the question of admission and on interim relief. 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 Bench.

Notices be made returnable within four weeks. Learned counsel for the petitioner submitted that the petitioner is a Class-IV employee and has already retired on 31.03.2021. Thereafter, vide impugned order dated 04.03.2022 (Annexure P/8) an amount of Rs.5,24,517/- is sought to be recovered from the petitioner.

In the light of the judgment passed by the Supreme Court in the case of State of Punjab Vs. Rafiq Masih reported in 2015 (4) SCC 334, the recovery cannot be made from the retired employee.

In the meanwhile, it is directed that the effect and operation of the impugned order dated 04.03.2022 (Annexure P/8) shall remain stayed till the next date of hearing.

Certified copy as per rules.

(S. A. DHARMADHIKARI) JUDGE

DPS

Signature Not Verified SAN

Digitally signed by DHEERAJ PRATAP SINGH Date: 2022.04.11 18:32:06 IST