Gyanendra Prasad Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 7261 MP

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                                   IN    THE     HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                      ON THE 3 rd OF MAY, 2023
                                                  WRIT PETITION No. 6687 of 2023

                                  BETWEEN:-
                                  GYANENDRA PRASAD TIWARI S/O LATE SHRI
                                  MUNIMADHAV PRASAD TIWARI, AGED ABOUT 61
                                  YEARS, OCCUPATION: PEON, R/O BAN GANGA COLONY,
                                  KIRAN TALAIYA SHIV MANDIR WARD 12/13 SHAHDOL
                                  DISTRICT SHAHDOL (MADHYA PRADESH)

                                                                                    .....PETITIONER
                                  (BY SHRI AJAY KUMAR DWIVEDI - ADVOCATE)

                                  AND
                                  1.    THE STATE OF MADHYA PRADESH THROUGH
                                        PRINCIPAL SECRETARY ANIMAL HUSBANDRY
                                        AND   DAIRY DEPARTMENT    MANTRALAYA
                                        VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                                  2.    STATE   OF   MADHYA    PRADESH THROUGH
                                        PRINCIPAL SECRETARY FINANCE DEPARTMENT
                                        VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                                  3.    D IR ECTOR ANIMAL HUSBANDRY AND DAIRY
                                        DEPARTMENT BHOPAL (MADHYA PRADESH)

                                  4.    JOINT DIRECTOR ANIAL HUSBANDRY AND
                                        DAIRY DEPARTMENT REWA DIVISION REWA
                                        (MADHYA PRADESH)

                                  5.    DEPUTY DIRECTOR ANIMAL HUSBANDRY AND
                                        DAIRY    DEPARTMENT SHAHDOL DISTRICT
                                        SHAHDOL (MADHYA PRADESH)

                                  6.    JOINT DIRECTOR TREASURY ACCOUNT AND
                                        PEN S I O N REWA DIVISION REWA (MADHYA
Signature Not Verified
                                        PRADESH)
  SAN




Digitally signed by TULSA SINGH   7.    DISTRICT PENSION OFFICER SHAHDOL DISTRICT
                                        SHAHDOL (MADHYA PRADESH)
Date: 2023.05.03 18:51:10 IST
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                                                                                               .....RESPONDENTS
                                  (BY SHRI VIJAY KUMAR SHUKLA - PANEL LAWYER)

                                         This petition coming on for admission this day, th e court passed the
                                  following:
                                                                      ORDER

Petitioner who is working as a Peon in the Office of Dy. Director, Animal Husbandry and Dairy Department, Shahdol is visited with recovery of Rs.l32,200/- on account of pay fixation. It is submitted that this recovery is uncalled for and contrary to the law laid down by Hon'ble Court in the case of Thomas Daniel Vs. State of Kerala and others, AIR2022 SC 2153. Petitioner is a class-IV employee. He was having no hands in his pay fixation.

Thus, in light of the judgment of Hon'ble Supreme Court in the case of Thomas Daniel (supra), no recovery could have been made from the petitioner.

Accordingly, order of recovery is hereby quashed. It is directed that in case any recovery is already made from the petitioner, then that amount be refunded to the petitioner within 30 days.

In above terms, this petition is allowed and disposed of.

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2023.05.03 18:51:10 IST