Neeraj Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 10151 MP

Citation : 2023 Latest Caselaw 10151 MP
Judgement Date : 4 July, 2023

Madhya Pradesh High Court

Neeraj Sharma vs The State Of Madhya Pradesh on 4 July, 2023

Author: Milind Ramesh Phadke

                          1
            IN THE HIGH COURT OF MADHYA PRADESH
                               AT GWALIOR
                          WP No.15006 of 2023
 (NEERAJ SHARMA & ANOTHER VS. STATE OF MADHYA PRADESH THROUGH ITS
                     PRINCIPAL SECRETARY & OTHERS)

Gwalior Dated : 04/07/2023

      Shri Rishabh Agarwal, learned counsel for the petitioners.
      Shri Siraj Querishi, learned Government Advocate for the State.
      Learned counsel for the petitioners submitted that the father of the
petitioners, who was a Class-IV employee, was appointed as Constable in
the respondent Police Department. The petitioner's father has expired on

29.12.2022 whereas he stood retired in month of September, 2022 but prior to death of his father, his retiral dues were not settled and thereafter as and when the petitioner applied for disbursement of the retiral dues of his deceased father, Annexure P/1 has been passed whereby the respondents proposed a recovery of Rs.6,24,361/- from the terminal dues of the petitioner's father. It is further argued by the counsel for the petitioners that in the light of judgment passed by the Hon'ble Supreme Court in the case of State of Punjab & Ors. vs. Rafiq Masih (white washer) and Other reported in 2015 (4) SCC 334 recovery is not permissible from the Class - III - IV employee and that too retired, thus, the said sanction for recovery is per se illegal and deserves to be quashed.

Heard the learned counsel for the petitioner on admission as well as interim relief.

Issue notice to the respondents on payment of process fee within four working days by RAD as well as ordinary mode, returnable within four weeks.

Till the next date of hearing, the effect and operation of the

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR WP No.15006 of 2023 (NEERAJ SHARMA & ANOTHER VS. STATE OF MADHYA PRADESH THROUGH ITS PRINCIPAL SECRETARY & OTHERS)

impugned order dated 14.04.2023 (Annexure P/1) passed by the respondent No.2 shall remain stayed.

List the matter after service of notice on Respondents.




                                                            (MILIND RAMESH PHADKE)
AK/-                                                                JUDGE
       ANAND KUMAR
       2023.07.04
       19:31:17 +05'30'