Lakhan Lal Jhariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 1479 MP

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                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                     WP No. 722 of 2023
                                                  (LAKHAN LAL JHARIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                       Dated : 25-01-2023
                                             Shri Anirudh Pandey - Advocate for the petitioner.

                                             Smt. Swati Aseem George - Panel Lawyer for the respondents/State.

Petitioner's grievance is that petitioner was appointed as 'Assistant Teacher' and retired on attaining the age of superannuantion on 31/01/2022. The increments which were granted to him in the year 2011 are sought to be

recovered after his retirement along with interest.

Learned counsel for the petitioner places reliance on the judgment of the Supreme Court in Thomas Daniel Vs. State of Kerala and others 2022 SCC online SC 536 where this practice of recovery has been deprecated and it is held that recovery from the employees belonging to Class-III and IV, Group C and D and the employees who are due to retire within one year of recovery will fall within the impermissible class and thus, it is submitted that in the light of this judgment of Supreme Court which has placed reliance on another judgment of the Supreme Court in State of Punjab & Ors. Vs. Rafiq

Masih (Whitewasher) (2015) 4 SCC 334 , the petition should be allowed.

Learned Panel Lawyer submits that this issue is pending before the Larger Bench of this court inasmuch as there is inconsistency in the judgment of the Supreme Court in Rafiq Masih (supra) and vice versa.

Issue notice awaiting decision of the Larger Bench.

List this case in the week commencing 27 th March, 2023. Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2023.01.27 19:26:58 IST

(VIVEK AGARWAL)

JUDGE vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2023.01.27 19:26:58 IST