The State Of Madhya Pradesh vs Dr. Shri Prakash Chaturvedi
2023 Latest Caselaw 6190 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                     &
                              HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                               ON THE 18 th OF APRIL, 2023
                                               WRIT APPEAL No. 22 of 2023

                          BETWEEN:-
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY, HEALTH DEPARTMENT,
                                VALLABH     BHAWAN,   BHOPAL    (MADHYA
                                PRADESH)

                          2.    SUPERINTENDENT OF JAIL, CENTRAL JAIL,
                                INDORE (MADHYA PRADESH)

                          3.    THE DISTRICT PENSION OFFICER PENSION
                                OFFICE INDORE (MADHYA PRADESH)

                                                                                        .....APPELLANT
                          ( SHRI ANIKET NAIK, LEARNED DEPUTY ADVOCATE GENERAL FOR
                          THE APPELLANTS/STATE)

                          AND
                          DR. SHRI PRAKASH CHATURVEDI S/O PANNALAL
                          CHATURVEDI, AGED ABOUT 66 YEARS, OCCUPATION:
                          RETIRED GOVT. DOCTOR CH-78 SCHEME NO. 74-C,
                          VIJAY NAGAR, INDORE (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (SHRI ABHINAV MALHOTRA, LEARNED COUNSEL FOR THE
                          RESPONDENT)

                                This appeal coming on for admission this day, JUSTICE SUSHRUT
                          ARVIND DHARMADHIKARI passed the following:
                                                            ORDER

Heard finally, with the consent of both the parties. This writ appeal under Section 2(1) of Madhya Pradesh Uchha Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 4/19/2023 6:30:01 PM

Nyayalaya (Khand Nyaypeeth Ko Appeal), Adhiniyam, 2005 assails the order dated 27/09/2022, passed in W.P. No.22646/2019(Anexure-A/1) whereby, the learned Single Judge has allowed the writ petition in favour of the respondent in the light of the order passed by the Apex Court in the case of M.P. Medical Officers Association Vs. State of Madhya Pradesh(Civil Appeal No.5527/2022).

The respondent by filing the writ petition(W.P. No.22646/2019) had prayed for the following reliefs :-

"7(i) Pass appropriate writ, order or direction to set aside and quash the illegal post-retiral recovery order dated 14.08.2017 against the petitioner herein by the State of Madhya Pradesh after his retirement.

(ii) Pass an appropriate writ, order or directions to respondent No.1, 2 and 3 to direct refund or Rs.6,41,907/- paid by the petitioner with the State Treasury for the release of retiral benefits along with interest at the rate of 18% per annum till the date of actual repayment.

(iii) Impose costs and litigation expenses incurred by the petitioner in seeking remedy before this Hon'ble Court.

(iv) Pass any such orders which this Court may deem fit and proper under the facts and circumstances of the matter."

The grievance of the respondent was that vide the impugned order dated 14/08/2017 the appellants had imposed punishment of recovery for a sum of Rs.6,41,907/- which was wrongly paid to the respondent towards the benefit of senior grade pay scale w.e.f. 01/01/1986 instead of 26/08/2008. The learned Single Judge relying on the Apex Court judgment in the case of Madhya Pradesh Medical Officers Association(Supra) had quashed the impugned order dated 14/08/2017 and had directed the appellants to refund the recovery amount to the respondent to the tune of Rs.6,41,907/- within a period of three months.

Shri Aniket Naik, learned counsel for the appellants contended that Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 4/19/2023 6:30:01 PM

the order of the Apex Court is distinguishable on the ground that the recovery in that case was for the period from 2009-2012 only whereas, in the present case, the respondent was paid in excess to his eligibility w.e.f. 01/01/1986 till date, therefore, even if applying the principles in the case o f Madhya Pradesh Medical Officers Association(Supra), the benefit under Circular dated 23/05/2009 would be available to the respondent for the period from 2009 to 2012 only. The appellants are eligible to recover the remaining amount w.e.f. 1986 to 2009.

On the other hand, learned counsel for the respondent vehemently opposed the prayer and supported the order passed by the learned Single Judge. He further contended that the learned Single Judge has not committed any error in allowing the writ petition. Moreover, the period is immaterial, however, the analogy drawn by the Apex Court in the case of Madhya Pradesh Medical Officers Association(Supra), would be applicable for the entire period and it cannot be restricted for the period 2009 to 2012. No interference is called for in this writ appeal and the same deserves to be dismissed.

Heard learned counsel for the parties and perused the record. It is not in dispute that the respondent was at fault at any point of

time. It is only because of the appellants wrong fixation was made and respondent was paid the excess amount. The Apex Court in similar situation in the case of Madhya Pradesh Medical Officers Association(Supra), wherein it had quashed the recovery of excess amount and it was directed to refund the entire amount which was recovered. The

Signature Not Verified Signed by: PREETHA HARI NAIR Signing time: 4/19/2023 6:30:01 PM

present case is exactly identical to that of Madhya Pradesh Medical Officers Association, passed in Civil Appeal No.5527/2022). Therefore, the learned Single Judge has not committed any error calling for interference in the present writ appeal.

This writ appeal being bereft of merits and substances is hereby dismissed. The appellants are directed to refund the amount to the respondent as directed by the learned Single Judge vide order dated 27/09/2022, passed in W.P. No.22646/2019 forthwith, if not already refunded.

                               (S. A. DHARMADHIKARI)                 (PRAKASH CHANDRA GUPTA)
                                        JUDGE                                 JUDGE



                          pn




Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 4/19/2023
6:30:01 PM