Sanjay Naithani vs The State Of Madhya Pradesh
2022 Latest Caselaw 6031 MP

               HIGH COURT OF MADHYA PRADESH
             1                         W.P.No. 9356/2022
     (Sanjay Naithani & Anr. V/s State of M.P. & Ors.)
Gwalior Bench:
Dated -23/04/2022
     Shri Alok Sharma, learned counsel for the petitioners.
      Shri   Devendra      Chaubey,    learned    GA     for   the
respondents/State.

Heard on admission.

This is second round of petition preferred by petitioners under Article 226 of the Constitution of India in which they are seeking relief for quashment of recovery order issued by Commandant, 13th Battalion, SAF, Gwalior.

It is the submission of learned counsel for the petitioners that matter attained finality till the stage of Supreme Court; where, respondents are entitled to recover the amount paid to the petitioners towards increment due to inadvertence on mistaken belief. Vide order dated 14/12/2021 in Bunch of writ petitions in which W.P.No. 13264/2020 was lead case, Coordinate Bench of this Court in case of petitioners and similarly placed employees issued certain directions to the respondents to reassess the excess payment made to the petitioners in light of judgment passed by the Supreme Court in the case of S.H.Baig and Ors. Vs. State of M.P. and Ors., (Civil Appeal No. 9888-9899 of 2018) and decision of Division Bench of this Court in the case of Smt. Sushma Tiwari Vs. State of M.P. (W.A.No. 1760/2007); whereby total excess payment made to the petitioners had to be recalculated and thereafter recovery was to be made. One direction was specific regarding non-recovery of interest on the excess payment made to the petitioners.

It appears that matter is identical vis-a-vis those matter which were being referred to Committee consisting of Senior HIGH COURT OF MADHYA PRADESH

(Sanjay Naithani & Anr. V/s State of M.P. & Ors.) Advocate Shri K.N.Gupta, Inspector General of Police, Gwalior Zone and Joint Director, Treasury, therefore, this matter is also placed before the Committee for perusal with W.P.No. 8805/2022.

Let the matter be placed in the week commencing 20th June, 2022 before this Court alongwith mediation report.

Till next date of hearing recovery, if any, is stayed. Certified copy as per rules.

(Anand Pathak) Judge jps/-

JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

PRAKASH ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7633f4cfb9e38ce14fcb b05b9522a, pseudonym=560BC50AD082B9BE54EE290EC8CB2193780D8357, serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C01433EBD48AE4F

SOLANKI 609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2022.04.23 15:04:13 +05'30'