Tejbhan Singh Raghavansi vs The State Of Madhya Pradesh
2024 Latest Caselaw 12866 MP

Madhya Pradesh High Court

Tejbhan Singh Raghavansi vs The State Of Madhya Pradesh on 7 May, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                    ON THE 7 th OF MAY, 2024
                                               WRIT PETITION No. 1852 of 2021

                           BETWEEN:-
                           TEJBHAN SINGH RAGHAVANSI S/O LATE SHRI MIZAJI
                           SINGH, AGED ABOUT 66 YEARS, OCCUPATION:
                           RETIERD ASSISTENT GRAD III OFFICE TEHSILDAR
                           TASIL PATAN DISTT. JABALPUR R/O WARD NO.14
                           PATAN DISTT. JABALPUR (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI DINESH K. UPADHYAY - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY MANTRALAYA VALLABH
                                 BHAWAN BHOPAL (M.P.) (MADHYA PRADESH)

                           2.    C O L L E C T O R J A B A L P U R DISTT.   JABALPUR
                                 (MADHYA PRADESH)

                           3.    TEHS ILD AR TAH. PATAN DISTT.              JABALPUR
                                 (MADHYA PRADESH)

                           4.    DISTRICT    PENTION    OFFICER JABALPUR
                                 JABALPUR (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI L.A.S. BAGHEL -GOVT. ADVOCATE )

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

Petitioner has filed this petition under Article 226 of Constitution of India challenging order, by which, recovery of Rs.1,08,190/- from the petitioner.

2. It is submitted by counsel appearing for petitioner that petitioner is

Class-III employee. Recovery was initiated as wages, excess to which petitioner is entitled, was paid to him between the year 2006-2016. Recovery was effectuated after his retirement i.e. in the year 2017. It is submitted that case is covered by judgment rendered in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) reported in (2015) 4 SCC 334. It is also submitted that no undertaking has been given for recovery.

3. Govt. Advocate appearing for State submitted that if excess payment is made to an employee, then respondent can recover the same in accordance with law.

4. Heard learned counsel for parties.

5. Petitioner is Class-III Employee. Recovery is made after a long period of time. Excess payment is said to have been made between 2006-2016. Case of petitioner is covered with judgment in the case of State of Punjab and others Vs. Rafiq Masih (White Washer) reported in (2015) 4 SCC 334.

6. In view of same, petition is allowed. Order dated 25.03.2019, so far as it relates to recovery of Rs.1,08,190/- is concerned, is quashed. Respondents are directed to refund the said amount to the petitioner within a period of 90 days' with interest at the rate of 6% per anum.

7. With aforesaid, petition stands allowed and disposed off.

8. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd