Sarvesh Pathak vs The State Of Madhya Pradesh
2023 Latest Caselaw 871 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                                WP No. 1127 of 2023
                (SARVESH PATHAK Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 13-01-2023
       Shri Vivek Khedkar, learned counsel for the petitioner.

       Shri Jitesh Sharma, learned Govt. Advocate for the respondents/State.

The present petitioner under Article 226 of the Constitution of India has been preferred against the illegal recovery which has been directed to be initiated against the petitioner after his retirement to the tune of Rs.10,85,526.69/- on the ground of wrong pay fixation of the petitioner in the

year 2014.

Learned counsel for the petitioner relying upon the judgment of Hon'ble Supreme Court in the case of State of Punjab Vs. Rafiq Masih reported in (2015) 4 SCC 334 submits that recovery from retired class III and class IV cannot be made. He further contended that even after retirement, the retiral dues have not been settled as well as the pension has not been disbursed till date. So a direction has been sought for issuance to the respondents at the most to release the anticipatory pension @ 90% till the retial dues are settled.

In the light of averments so made so far as the recovery part is

concerned in the light of State of Punjab Vs. Rafiq Masih (Supra), it is hereby stayed. With regard to the payment of anticipatory pension, the respondents are directed to disburse the anticipatory pension to the petitioner till his actual retiral dues are settled within a period of four weeks.

Issue notice to the respondents on payment of process fee within four working days through registered A.D. post as well as ordinary mode, returnable within four weeks.

List this case in the week commencing 20th March, 2023.

(MILIND RAMESH PHADKE) JUDGE

neetu NEETU SHASHANK 2023.01.13 18:56:45 +05'30'