Girish Khare vs The State Of Madhya Pradesh
2024 Latest Caselaw 21512 MP

Madhya Pradesh High Court

Girish Khare vs The State Of Madhya Pradesh on 7 August, 2024

                                                  1                         WP-14372-2024
               IN          THE   HIGH COURT OF MADHYA PRADESH
                                       AT JABALPUR
                                            BEFORE
                                 HON'BLE SHRI JUSTICE VIVEK JAIN
                                    ON THE 7 th OF AUGUST, 2024
                                  WRIT PETITION No. 14372 of 2024
                                         GIRISH KHARE
                                             Versus
                           THE STATE OF MADHYA PRADESH AND OTHERS
          Appearance:
               Shri Deepak Sahu - Advocate for the petitioner.
               Shri V.P. Tiwari - Government Advocate for the State.

                                                   ORDER

The present petition has been filed challenging the recovery made from retiral dues of the petitioner to the tune of Rs.1,88,610/-, which the petitioner had to deposit at the time of settlement of retiral dues.

2. Learned counsel for the petitioner assails the recovery on the ground that the recovery pertains to granting wrongful benefit of Kramonnati way back in the year 2006 and upon retirement of the petitioner in the year 2021, the recovery was intimated to the petitioner and he was made to deposit the

same by way of cheque. Learned counsel for the petitioner relies on the judgment of the Hon'ble Apex Court in the case of State of Punjab v. Rafiq Masih, (2015) 4 SCC 334 so also in the judgment of Full Bench in the case of W.A. No.815/2017.

3. Per contra, learned Government Advocate by referring to reply submits that the recovery is on account of wrongful benefits of Second

Kramonati granted to the petitioner in the year 2006 and there is undertaking

2 WP-14372-2024 of the petitioner on record as Annexure R-3 and R-4.

4. Upon hearing learned counsel for the rival parties, it is evident that the recovery is of wrongful fixation on account of grant of wrongful Second Kramonati benefits to the petitioner from the year 2006. So far as the aspect of undertaking is concerned, the undertaking is for fixation of salary in accordance with pay revision Rules of 2017 and this undertaking has been taken in the year 2017 and again in 2021 at the time of retirement. However, there is no undertaking on record at the time of grant of wrongful benefit of Second Kramonati to the petitioner in the year 2006.

5. The said benefit may be having cascading effect even at the time of fixation in accordance with Pay Revision Rules of 2017, but fact remains

that there is no undertaking on record of the wrongful benefit granted in the year 2006.

6. Consequently, the recovery of Rs.1,88,610/- from the petitioner is set aside. Let the amount be refunded back to the petitioner within a period of three months, failing which the said amount will carry interest of @ 6% from the date of this order.

7. With the aforesaid direction, petition stands allowed.

(VIVEK JAIN) JUDGE

rj