Madhya Pradesh High Court
Devendra Kumar Shrivastava vs The State Of Madhya Pradesh on 9 May, 2022
Author: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
WP No. 7599 of 2022
(DEVENDRA KUMAR SHRIVASTAVA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 09-05-2022
Shri APS Chauhan - learned counsel for the petitioners.
Shri Deepak Khot - learned Govt. Advocate for the State.
Heard on admission and interim relief.
It has been argued by the Counsel for the petitioner that in the earlier
round of litigation orders of revised pay fixation and recovery were challenged
in W.P. No. 8966/2021 and W.P. No.7798/2021 wherein by common order
dated 14.12.2021, following orders were passed:-
(i) If the recovery has not been effected so far,
then the same shall be kept in abeyance for a
period of two months from today and the
respondents shall re-calculate the excess
payment made to the petitioners by extending the
benefit of circular dated 26/28-6-1979.
However, it is made clear that the ad- hoc
increase shall not be included in the re-fixation
of pay scale, as directed by the Division Bench
of this Court in para 22 of the case of Smt.
Sushma Tiwari (supra).
(ii) The respondents shall also not recover any
amount for the period 1/1/2000 till 17/11/2001.
(iii) The respondents shall re-assess the excess
payment made to the petitioner(s) in the light of
the judgment passed by the Supreme Court in the
case of S.H. Baig (supra) and by the Division
Bench of this Court in the case of Smt. Sushma
Tiwari and a fresh order be passed.
(iv) If the recovery has already been effected,
then the total excess payment made to the
petitioners shall be re-calculated and if it is
found that any amount in excess of the liability of
the petitioner(s) has been recovered, then the
same shall be repaid to the petitioners.
(v) It is made clear that the respondents shall not
be entitled to recover the interest on the excess
payment made to the petitioners.
(vi) Interim order(s) are hereby vacated.
As per the said order of this Court, respondents were directed to re-
determine the pay fixation and amount of recovery in terms of direction issued
in the order, but till date the respondents have failed to finalize the process of
pay fixation and determination of the amount to be recovered from the
petitioner and even has not sanctioned or disbursed the anticipatory/provisional
pension to the petitioners in terms of Rule 61 and 74 of M.P. Civil Services
(Pension) Rules, 1976.
Grievance as reflected in this Writ Petition is that under the garb of the
earlier order even anticipatory pension has not been released so far.
Issue notice to the respondents on payment of process fee through
ordinary mode as well as Registered A.D. mode within a period of seven days,
returnable within four weeks.
As an interim measure, it is hereby directed that respondents shall
immediately release anticipatory pension in accordance with the Madya Pradesh
Civil Services Pension Rules, 1976 uninterruptedly, till further orders.
List in the week commencing 13th of June, 2022.
(MILIND RAMESH PHADKE)
JUDGE
ar
ABDUR Digitally signed by ABDUR RAHMAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,
ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,
postalCode=474001, st=Madhya Pradesh,
2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b510cc133f1b56
RAHMAN
faa63e77b,
pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E28EB,
serialNumber=1B0EA1B496C965067285A628B81AE07B60D342048B7853E6
108263F1DDCC0F50, cn=ABDUR RAHMAN
Date: 2022.05.10 10:36:10 +05'30'
