Mahabali Suryawanshi vs M.D. M.P. Power Management Co. ...
2022 Latest Caselaw 12493 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 19th OF SEPTEMBER, 2022

                                              WRIT PETITION No. 5486 of 2016

                                  BETWEEN:-
                                  MAHABALI SURYAWANSHI S/O LATE SHRI B.R.
                                  SURYAWANSHI, AGED ABOUT 68 YEARS, A/3,
                                  SUNDER VIHAR, NEAR GWARIGHAT RD.
                                  JABALPUR (MADHYA PRADESH)

                                                                                          .....PETITIONER
                                  (BY DR. EKNATH JYOTISHI, ADVOCATE)

                                  AND
                          1.      M.D. M.P. POWER MANAGEMENT CO. LTD.
                                  THROUGH SHAKTI BHAWAN P.O. RAMPUR
                                  (MADHYA PRADESH)

                          2.      CHIEF         GENERAL        MANAGER
                                  M.P.P.MANAGEMENT CO.LTD SHAKTI BHAWAN
                                  P.O. RAMPUR (MADHYA PRADESH)

                          3.      ACCOUNTANT OFFICER (A/CS) O/O CHIEF
                                  FINANCIAL OFFICER , M.P.P.M CO. LTD
                                  P.O.RAMPUR, JABALPUR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                                  (NONE)

                                Th is petition coming on for hearing this day, th e court passed the
                          following:
                                                              ORDER

Petitioner has filed this writ petition under Article 226 of Constitution of India challenging order dated 07.12.2016, by which recovery for an amount of Rs.59,350/- from pension, Rs.11,688/- from gratuity and an amount of Rs.10,298/- is also recovered from commuted value. It is submitted that

Signature Not Verified Signed by: NEETI TIWARI Signing time: 9/21/2022 9:51:32 AM

recovery cannot be made after 10 years and same is barred by time. It is submitted that case of petitioner is covered by Clause-(iii) of Paragraph-18 of judgment rendered by Apex Court in the case of State of Punjab Vs. Rafiq Masih- reported in (2015) 4 SCC 334. It is also submitted that amount sought to be recovered is for period more than 5 years old. In these circumstances, petition may be allowed.

None appears for respondents.

Petition is pending since 2016 and petitioner is about 74 years, therefore, petition is heard ex-parte.

Heard counsel for petitioner.

Considering the aforesaid facts and circumstances of the case and the law laid down in Clause-(iii) of Paragraph-18 in case of State of Punjab Vs. Rafiq Masih- reported in (2015) 4 SCC 334, writ petition is allowed. Recovery ordered against petitioner vide Annexure-P/1, P/2 & Annexure-A/2 are quashed. Respondents are directed to make payment of said amount to petitioner within a period of 90 days.

Writ Petition is disposed off.

(VISHAL DHAGAT) JUDGE nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 9/21/2022 9:51:32 AM