Madhya Pradesh High Court
Pradeep Kumar Shrivastav vs The State Of Madhya Pradesh on 30 October, 2023
Author: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
WP No. 27250 of 2023
(PRADEEP KUMAR SHRIVASTAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 30-10-2023
Shri Sashank Indapurkar, learned counsel for the petitioner.
Shri Sushant Tiwari, learned GA for respondents/State.
1. The present petition under Article 226 of the Constitution of India has
been preferred challenging the order dated 20.01.2022 (Annexure P/1) and the
order dated 20.01.2022 (Annexure P/2), whereby the petitioner has been
directed to deposit a sum of Rs.30,10,344/- towards of recovery of wrong pay
fixation done prior to the year 2016 and though, there was no misrepresentation
on the part of petitioner and said recovery is directed to be initiated after
retirement, the said being contrary to the directives as issued by Hon'ble Apex
Court in the matter of State of Punjab Vs. Rafiq Masih(White Washer)
reported in (2015)4 SCC 334, it is bad in law. Further the order is challenged
on the ground that the anticipatory pension which was paid to the petitioner
since his retirement was abruptly stopped from the month of June, 2023, in
pursuance of non payment of amount which is due to be recovered from the
petitioner from alleged wrong pay fixation. This aspect of the matter is also
contrary to the decision of the coordinate Bench of this Court i n W.P.
No.291/2016 (Madanlal Bardele Vs. State of M.P. & ors.), which has
attained finality uptill Supreme Court, challenged at the behest of the State..
2 . Learned Counsel for the petitioner has submitted that in the light of
aforesaid judgments and the factual matrix of the case, the present orders
Annexure P/1 and Annexure P/2 are per se illegal. Thus, he prayed for stay of
the recovery as well as had sought direction for grant of anticipatory pension
Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 30-10-2023
07:44:38 PM
which he was receiving in the light of Section 61 of M.P. Civil Services
(Pension) Rules, 1976.
3. After hearing learned counsel for the petitioner, this Court deems it fit
to stay the effect and operation of the orders dated 20.01.2022 and 20.01.2022
(Annexures P/1 and P/2) by which the recovery of Rs.30,10,344/- has been
directed to be initiated against the petitioner. As a consequence thereof, the
stoppage of anticipatory pension also appears to be prima facie n o t in
consonance with Section 61 of M.P. Civil Services (Pension) Rules, 1976,
therefore,it is directed that till the decision of this petition, the petitioner should
be paid anticipatory pension.
4. 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.
5. List after four weeks.
C.c. as per rule.
(ANAND PATHAK)
JUDGE
Ashish*
Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 30-10-2023
07:44:38 PM
