Madhya Pradesh High Court

The State Of Madhya Pradesh vs Girwar Singh Dhurve on 8 May, 2024

Author: Chief Justice

Bench: Ravi Malimath, Vishal Mishra

IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 8th OF MAY, 2024
WRIT APPEAL No. 2367 of 2023
BETWEEN:-
MUDRIKA PRASAD TIWARI S/O SHRI MATHURA
PRASAD TIWARI, AGED ABOUT 61 YEARS,
OCCUPATION: RETIRED PLATOONS
COMMANDER 9TH VAHINI SPECIAL FORCE
REWA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI CHANDRIKA DWIVEDI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH THE PRINCIPAL SECRETARY
HOME JABALPUR (MADHYA PRADESH)
2. THE COMMANDANT 9TH VAHINI SPECIAL
FORCE REWA DISTRICT REWA (MADHYA
PRADESH)
3. THE DISTRICT TREASURY OFFICER REWA
DISTRICT REWA (MADHYA PRADESH)
4. THE DIVISION PENSION OFFICER REWA
DISTRICT REWA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)

WRIT APPEAL No. 146 of 2017
BETWEEN:-
PARAM SUKH PATEL S/O LATE SHRI
SHANKARLAL PATEL, AGED ABOUT 61 YEARS,

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
2

OCCUPATION: RETIRED HEAD CONSTABLE
25TH BATALION BHADBHADA ROAD BHOPAL
R/O VILL. BHOOTKHEDA, TEH. GADARWARA
DISTT. NARSINGHPUR (MADHYA PRADESH)

.....APPELLANT
(BY SHRI M.L. SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR.
ITS SECRETARY HOME DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)

2. DIRECTOR GENERAL OF POLICE POLICE
HEADQUARTERS BHOPAL (MADHYA
PRADESH)

3. COMMANDANT SECURITY ARMED FORCE
25TH BATALION BHADBHADA ROAD
BHOPAL (MADHYA PRADESH)

4. JOINT DIRECTOR TREASURY ACCOUNTS
AND PENSION BHOPAL DIVISION BHOPAL
(MADHYA PRADESH)

5. DISTRICT TREASURY AND PENSION
OFFICER TREASURY AND ACCOUNTS
BHOPAL (MADHYA PRADESH)

6. DISTRICT TREASURY AND PENSION
OFFICER TREASURY AND ACCOUNTS
NARSINGHPUR (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)

WRIT APPEAL No. 815 of 2017
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY SCHOOL
EDUCATION DEPARTMENT VALLABH
BHAWAN BHOPAL, (MADHYA PRADESH)

2. COMMISSIONER PUBLIC INSTRUCTION
GAUTAM NAGAR BHOPAL (MADHYA
PRADESH)

3. JOINT DIRECTOR TREASURY AND

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
3

ACCOUNTS SAGAR DIVISION SAGAR
(MADHYA PRADESH)

4. DISTT. EDUCATION OFFICER DAMOH
(MADHYA PRADESH)

5. DISTT. TREASURY OFFICER, DAMOH
(MADHYA PRADESH)

6. DISTRICT PENSION OFFICER DAMOH
(MADHYA PRADESH)

.....APPELLANTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)
AND
JAGDISH PRASAD DUBEY S/O SHRI VASHUDEV
PRASAD DUBEY, AGED ABOUT 65 YEARS,
OCCUPATION: RETD. U.D.T. GOVT. HIGH
SCHOOL KUMERIYA DISTT. DAMOH (MADHYA
PRADESH)

.....RESPONDENT
(BY SHRI M.R. VERMA - ADVOCATE)

WRIT APPEAL No. 1033 of 2017
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THR.
ITS PRINCIPAL SECRETARY DEPARTMENT
OF FINANCE VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)

2. THE COMMISSIONER TRIBAL WELFARE
DEPARTMENT SATPUDA BHAWAN BHOPAL
(MADHYA PRADESH)

3. THE JOINT DIRECTOR TREASURY,
ACCOUNTS AND PENSION JABALPUR
DIVISION JABALPUR (MADHYA PRADESH)

4. THE ASSISTANT COMMISSIONER TRIBAL
WELFARE DEPARTMENT MANDLA
(MADHYA PRADESH)

5. THE DISTRICT PENSION OFFICER MANDLA
DISTT. MANDLA (MADHYA PRADESH)

6. THE DISTRICT TREASURY OFFICER
MANDLA DISTT. MANDLA (MADHYA

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
4

PRADESH)

.....APPELLANTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)
AND
CHHOTE LAL RAJAK S/O SHRI CHHIDDI LAL
RAJAK, AGED ABOUT 64 YEARS, OCCUPATION:
RETIRED ASSISTANT TEACHER R/O SARDAR
PATEL WARD NO.15 EDAN GARDEN MANDLA
DISTT. MANDLA (MADHYA PRADESH)

.....RESPONDENT
(BY SHRI SACHIN PANDEY - ADVOCATE)

WRIT APPEAL No. 57 of 2018
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL HOME SECRETARY VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS BHOPAL
(MADHYA PRADESH)

3. THE INSPECTOR GENERAL OF POLICE
ADMINISTRATION POLICE
HEADQUARTERS BHOPAL (MADHYA
PRADESH)

4. SUPERINTENDANT OF POLICE PANNA
DISTT. PANNA (MADHYA PRADESH)

5. JOINT DIRECTOR TREASURY AND
PENSION REGION SAGAR DISTT. SAGAR
(MADHYA PRADESH)

6. DISTRICT PENSION OFFICER PANNA
DISTT. PANNA (MADHYA PRADESH)

.....APPELLANTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)
AND
SHARDA PRASAD SHUKLA S/O RAMDHANI
SHUKLA, AGED ABOUT 70 YEARS, OCCUPATION:
RETD. A.S.I. (MM) R/O BEHIND OF MENKA
TALKIES MOHALLA BENISAGAR DISTT. PANNA

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
5

(MADHYA PRADESH)

.....RESPONDENT
WRIT APPEAL No. 614 of 2018
BETWEEN:-
1. THE STATE OF MADHYA PRADESH
THROUGH THE PRINCIPAL SECRETARY
HOME DEPARMENT VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)

2. JOINT DIRECTOR TREASURY ACCOUNTS
AND PENSION DISTT-JABALPUR (MADHYA
PRADESH)

3. DISTRICT TREASURY OFFICER MANDLA
DISTT-MANDLA (MADHYA PRADESH)

4. DISTRICT PENSION OFFICER MANDLA
DISTT-MANDLA (MADHYA PRADESH)

5. SUPERINTENDENT OF POLIC, MANDLA
DISTT-MANDLA (MADHYA PRADESH)

.....APPELLANTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)
AND
SASHI KANT MISHRA S/O LATE U.K.MISHRA,
AGED ABOUT 61 YEARS, OCCUPATION: RETD.
SUB INSPECTOR O/O SUPERINTENDENT OF
POLICE MANDLA R/O CHANDAN COLONY,
AAGAN TIRAHA MAHARAJUR MANDLA
(MADHYA PRADESH)

.....RESPONDENT
(BY SHRI SACHIN PANDEY - ADVOCATE)

WRIT APPEAL No. 1164 of 2018
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THR.
ITS PRINCIPAL SECRETARY HOME
DEPARTMENT VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)

2. THE DIRECTOR GENERAL OF POLICE
BHOPAL DISTT-BHOPAL (MADHYA
PRADESH)

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
6

3. THE INSPECTOR GENERAL OF POLICE
REWA DISTT-REWA (MADHYA PRADESH)

4. THE JOINT DIRECTOR TREASURY, REWA
DIVISION REWA (MADHYA PRADESH)

5. THE DISTRICT TREASURY OFFICER SIDHI
DISTT-SIDHI (MADHYA PRADESH)

6. THE DISTRICT PENSION OFFICER SIDHI
DISTT-SIDHI (MADHYA PRADESH)

7. THE SUPERINTENDENT OF POLICE SIDHI
DISTT-SIDHI (MADHYA PRADESH)

.....APPELLANTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)
AND
SNEH KUMAR PATHAK S/O SHRI CHATURBHUJ
RAM PATHAK, AGED ABOUT 61 YEARS, R/O
VILL. AND POST PATULKHI DISTT. SIDHI
(MADHYA PRADESH)

.....RESPONDENT
(BY SHRI P.K. PATHAK - ADVOCATE)

WRIT APPEAL No. 1661 of 2018
BETWEEN:-
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY
SCHOOL EDUCATION DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)

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

3. COMMISSIONER PUBLIC INSTRUCTION
(DPI) GAUTAM NAGAR, (MADHYA
PRADESH)

4. JOINT DIRECTOR TREASURY , PENSION,
ACCOUNTS AND AUDIT REWA DIVISION
REWA (MADHYA PRADESH)

5. DISTRICT TREASURY OFFICER REWA
DISTT. REWA (MADHYA PRADESH)

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
7

6. DISTRICT PENSION OFFICER A BLOCK
SECOND FLOOR SHILPI PLAZA REWA
(MADHYA PRADESH)

7. DISTRICT EDUCATION OFFICER REWA
DISTT. REWA (MADHYA PRADESH)

8. PRINCIPAL GOVT. COLLEGE OF
EDUCATION REWA (MADHYA PRADESH)

.....APPELLANTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)
AND
MUKUND LAL TIWARI S/O LATE SHRI RAM
PRAKASH TIWARI, AGED ABOUT 65 YEARS,
OCCUPATION: RETD. PRINCIPAL R/O 45/336
KATHULIA POST REWA, REWA (MADHYA
PRADESH)

.....RESPONDENT
(BY SHRI D.K. PANDEY - ADVOCATE)

WRIT APPEAL No. 1660 of 2018
BETWEEN:-
MUKUNDLAL TIWARI S/O LATE SHRI RAM
PRAKASH TIWARI, AGED ABOUT 70 YEARS,
OCCUPATION: PRINCIPAL (RETED) H. S.
SCHOOL COORDINATOR R/O 45/336 KUTHLIA
POST REWA (MADHYA PRADESH)

.....APPELLANT
(BY SHRI D.K. PANDEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH ITS PRINCIPAL SECRETARY
SCHOOL EDUCATION DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)

2. STATE OF M.P. THROUGH ITS PRINCIPAL
SECRETARY, FINANCE DEPTT. VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)

3. COMMISSIONER DIRECTORATE OF
PUBLIC INSTRUCTION (DPI) GAUTAM
NAGAR BHOPAL (MADHYA PRADESH)

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
8

4. THE JOINT DIRECTOR PENSION
ACCOUNTS AND ADUDIT DISTT. REWA DIV.
REWA. (MADHYA PRADESH)

5. DISTRICT TREASURY OFFICER DISTRICT
REWA DISTT. REWA (MADHYA PRADESH)

6. DISTRICT PENSION OFFICER B BLOCK
SECOND FLOOR, SHILPI PLAZA, REWA
(MADHYA PRADESH)

7. DISTRICT EDUCATION OFFICER DISTRICT
REWA DISTT. REWA M.P. (MADHYA
PRADESH)

8. PRINCIPAL GOVT. COLLEGE OF
EDUCATION, REWA DISTT. REWA
(MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)

WRIT APPEAL No. 505 of 2019
BETWEEN:-
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)

2. DIRECTOR GENERAL OF POLICE POLICE
HEADQUARTERS NEHRU NAGAR BHOPAL
(MADHYA PRADESH)

3. INSPECTOR GENERAL (POLICE) SAGAR
RANGE DISTT-SAGAR (MADHYA PRADESH)

4. SUPERINTENDENT OF POLICE, SAGAR
DISTT-SAGAR (MADHYA PRADESH)

5. JOINT DIRECTOR TREASURY ACCOUNT
AND PENSION DISTT-SAGAR (MADHYA
PRADESH)

.....APPELLANTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)
AND
USHA YADAV W/O LATE SHRI RAJENDRA
YADAV, AGED ABOUT 50 YEARS, OCCUPATION:
HOUSE WIFE R/O 10 KHAMARIYA BUJURG VILL.

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
9

BANJARIYA TEH. SAGAR DISTT. SAGAR
(MADHYA PRADESH)

.....RESPONDENT
(BY SHRI S.K. MALVI - ADVOCATE)

WRIT PETITION No. 19549 of 2019
BETWEEN:-
YOGENDRA JHA S/O SHRI MOHAN JHA, AGED
ABOUT 63 YEARS, OCCUPATION: RETD HEAD
CONSTABLE O/O SUPERINTENDENT OF POLICE
KATNI R/O GRAM KAKNA POST AND POLICE
STATION PANDOL DISTRICT MADHUVANI
(UTTAR PRADESH)

.....APPELLANT
(BY SHRI SACHIN PANDEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY HOME DEPT
MINISTRY, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)

2. JOINT DIRECTOR TREASURY ACCOUNTS
AND PENSION JABALPUR DIVISION
JABALPUR (MADHYA PRADESH)

3. TREASURY OFFICER, DISTRICT TREASURY
OFFICE DISTT-KATNI (MADHYA PRADESH)

4. DISTRICT PENSION OFFICER KATNI DISTT-
KATNI (MADHYA PRADESH)

5. SUPERINTENDENT OF POLICE, KATNI
DISTT-KATNI (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)

WRIT PETITION No. 1434 of 2021
BETWEEN:-
SHAMBHU PRASAD TRIPATHI S/O SHRI
RAMGANESH TRIPATHI, AGED ABOUT 75
YEARS, OCCUPATION: RET. DEPUTY DIRECTOR
R/O KARONDIYA UTTAR TOLA SIDHI DISTT.
SIDHI (MADHYA PRADESH)

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
10

.....APPELLANT
(BY SHRI S.D. MISHRA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THRO.
ITS SECRETARY SCHOOL EDUCATION
DEPARTEMTN VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)

2. DISTRICT EDUCATION OFFICER SIDHI
DISTT.SIDHI (MADHYA PRADESH)

3. DISTRICT TREASURY OFFICER SIDHI
DISTT.SIDHI (MADHYA PRADESH)

4. BRANCH MANAGER UNION BANK OF INDIA
COLLECTORATE CAMPUS SIDHI (MADHYA
PRADESH)

.....RESPONDENTS
(SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE FOR
RESPONDENTS NO.1 TO 3 AND SHRI VIVEK SHUKLA -
ADVOCATE FOR RESPONDENT NO.4)

WRIT APPEAL No. 1124 of 2022
BETWEEN:-
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY
COMMERCIAL TAX DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)

2. COMMISSIONER COMMERCIAL TAX
DEPARTMENT MAHATMA GANDHI MARG
INDORE (MADHYA PRADESH)

3. DIVISIONAL DEPUTY COMMISSIONER
COMMERCIAL TAXDEPARTMENT SATNA
(MADHYA PRADESH)

4. THE COMMERCIAL TAX OFFFICER SATNA
CIRCLE - 2 SATNA (MADHYA PRADESH)

5. THE DISTRICT TREASURY OFFICER SATNA
(MADHYA PRADESH)

.....APPELLANTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
11

AND
SHRIPATI SHARMA S/O RAMNARESH SHARMA
OCCUPATION: RETIRED AS COMMERCIAL TAX
INSPECTOR FROM THE OFFICE OF
COMMERCIAL TAX OFFICER SATNA CIRCLE 2
SATNA VILL. AND POST GAURI TEH.
HANUMANA REWA (MADHYA PRADESH)

.....RESPONDENT
(BY SHRI RAMSAKHA KUSHWAHA - ADVOCATE)

WRIT APPEAL No. 106 of 2023
BETWEEN:-
1. THE STATE OF MADHYA PRADESH
THROUGH THE SECRETARY SCHOOL
EDUCATION DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)

2. THE COMMISSIONER DIRECTORATE OF
PUBLIC INSTRUCTION (DPI) BHOPAL
(MADHYA PRADESH)

3. THE DISTRICT EDUCATION OFFICER
SEONI (MADHYA PRADESH)

4. THE PRINCIPAL SANKUL KENDRA GOVT.
MLB GIRLS HR SEC. SCHOOL SEONI
(MADHYA PRADESH)

5. THE BLOCK EDUCATION OFFICER SEONI
(MADHYA PRADESH)

6. THE JOINT DIRECTOR ACCOUNTS AND
PENSION JABALPUR (MADHYA PRADESH)

7. THE TREASURY OFFICER SEONI (MADHYA
PRADESH)

.....APPELLANTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)
AND

SMT. MANJU LATA SHUKLA S/D/W/THRU SHRI
B.L SHUKLA OCCUPATION: RTD. UPPER
DIVISION TEACHER GOVT. MLB GIRLS HIGHER
SECONDARY SCHOOL SEONI R/O NEAR
CHITRAGUPT TEMPLE SUBHASH WARD SEONI

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
12

(MADHYA PRADESH)

.....RESPONDENT
(BY SHRI M.K. MISHRA - ADVOCATE)

WRIT PETITION No. 6473 of 2023
BETWEEN:-
BHAGIRATH JAISWAL S/O LATE SHRI NARAYAN
SINGH JAISWAL, AGED ABOUT 63 YEARS,
OCCUPATION: RETD. ASSISTANT LAB
TECHNICIAN O/O DIRECTOR MEDICO LEGAL
INSTITUTION GANDHI MEDICAL COLLEGE
BHOPAL R/O H.NO. 483 NEW ASHOKA GARDEN
RAISEN ROAD BHOPAL (MADHYA PRADESH)

.....APPELLANT
(BY SHRI ATUL KUMAR RAI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH SECRETARY HOME POLICE
DEPARTMENT VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)

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

3. ADDITIONAL DIRECTOR GENERAL OF
POLICE (TECHNICAL) POLICE HEAD
QUARTER JAHANGIRABAD BHOPAL
(MADHYA PRADESH)

4. DIRECTOR, MEDICO LEGAL INSTITUTION,
M.P. GOVT. (HOME POLICE DEPARTMENT)
GANDHI MEDICAL COLLEGE BHAWAN
BHOPAL (MADHYA PRADESH)

5. AUTHORIZED PENSION OFFICER,
DIVISIONAL PENSION OFFICE BHOPAL
(MADHYA PRADESH)

6. SENIOR TREASURY OFFICER / NIDHI 18 O/O
PRINCIPAL ACCOUNTANT GENERAL (A
AND E) LEKHA BHAWAN JHANSI ROAD
GWALIOR (MADHYA PRADESH)

.....RESPONDENTS

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
13

(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)

WRIT APPEAL No. 1811 of 2023
BETWEEN:-
1. THE STATE OF MADHYA PRADESH
THROUGH SECRETARY FINANCE
DEPARTMENT VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)

2. DIRECTOR GENERAL OF POLICE HEAD
QUARTER JAHANGIRABAD DISTRICT
BHOPAL (MADHYA PRADESH)

3. SUPERINTENDENT OF POLICE JABALPUR
DISTRICT JABALPUR (MADHYA PRADESH)

4. DISTRICT PENSION OFFICER JABALPUR
DISTRICT JABALPUR (MADHYA PRADESH)

.....APPELLANTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)
AND
P K SHRIVAS S/O LATE SHRI VISHWAMBHAR
DAYAL SHRIVAS, AGED ABOUT 66 YEARS,
OCCUPATION: RETIRED INSPECTOR M PLOT
SAGER COLONY DHANWANTRI NAGER
JABALPUR (MADHYA PRADESH)

.....RESPONDENT
(BY SHRI A.P. PANDEY - ADVOCATE)

WRIT APPEAL No. 1444 of 2023
BETWEEN:-
NAGENDRA SINGH BAGHEL S/O LATE SHRI
SHIVBARAN SINGH BAGHEL, AGED ABOUT 66
YEARS, OCCUPATION: RETIRED ELECTION
SUPERVISOR R/O KRISHI UPAJ MANDI ROAD
NEAR AIRTEL TOWER GALI NO 2 KUTHLA
KATNI DISTRICT KATNI (MADHYA PRADESH)

.....APPELLANT
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH MS.
WARIJA GHILDIYAL - ADVOCATE)
AND
1. THE CHIEF ELECTION OFFICER GENERAL

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
14

ELECTION MDHAYA PRADESH BHOPAL
BHOPAL (MADHYA PRADESH)

2. THE COLLECTOR CUM DISTRICT
ELECTION OFFICER KATNI DISTRICT
KATNI (MADHYA PRADESH)

3. THE JOINT DIRECTOR TREASURIES AND
ACCOUNTS JABALPUR DIVISION
JABALPUR (MADHYA PRADESH)

4. THE DISTRICT PENSION OFFICER KATNI
DISTRICT KATNI (MADHYA PRADESH)

5. THE DISTRICT TREASURY OFFICER KATNI
DISTRICT KATNI (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)

WRIT APPEAL No. 2207 of 2023
BETWEEN:-
1. THE STATE OF MADHYA PRADESH
THROUGH SECRETARY TRIBAL WELFARE
DEPARTMENT MINISTRY VALLABH
BHAVAN BHOPAL MP (MADHYA PRADESH)

2. COMMISSIONER, TRIBAL WELFARE
DEPARTMENT BHOPAL BHOPAL (MADHYA
PRADESH)

3. ASSISTANT COMMISSIONER TRIBAL
WELFARE DEPARTMENT MANDLA
DISTRICT MANDLA (MADHYA PRADESH)

4. JOINT DIRECTOR DIRECTORATE OF
TREASURY AND ACCOUNTS JABALPUR
(MADHYA PRADESH)

5. DISTRICT PENSION/TREASURY OFFICER
SUB TREASURY DISTRICT MANDLA
(MADHYA PRADESH)

6. PRINCIPAL HIGH SCHOOL
DARHIBHANPUR TEHSIL BICHHIYA
DISTRICT MANDLA (MADHYA PRADESH)

.....APPELLANTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
15

AND
GIRWAR SINGH DHURVE S/O LATE SHRI NAWAL
SINGH DHURVE CASTE GOND ST RETIRED PEON
GRAMBARRAI TEHSIL BICHHIYA DISTRICT
MANDA (MADHYA PRADESH)

.....RESPONDENT
(BY SHRI S.K. SAINI - ADVOCATE)

WRIT APPEAL No. 12 of 2024
BETWEEN:-
SMT. UMA SHARMA W/O LATE SHRI
LAXMINARAYAN SHARMA, AGED ABOUT 60
YEARS, OCCUPATION: HOUSE WIFE R/O
MANGANJ WARD NO. 5 DAMOH DISTRICT
DAMOH (MADHYA PRADESH)

.....APPELLANT
(BY SHRI ATUL KUMAR RAI - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH ITS PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION
MANTRALAYA VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)

2. OFFICE OF THE ACCOUNTANT GENERAL
(A AND E) II LEKHA BHAWAN JHANSI
ROAD GWALIOR (MADHYA PRADESH)

3. DISTRICT EDUCATION OFFICER DAMOH
DISTRICT DAMOH (MADHYA PRADESH)

4. DISTRICT PENSION OFFICER OFFICE OF
THE TREASURY COLLECTORATE DAMOH
DISTRICT DAMOH (MADHYA PRADESH)

5. PRINCIPAL GOVT. HIGH SCHOOL
HIRDEPUR DISTRICT DAMOH (MADHYA
PRADESH)

.....RESPONDENTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)

WRIT APPEAL No. 309 of 2024
BETWEEN:-

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
16

RAJARAM RAJE S/O LATE KHEMCHAND RAJE,
AGED ABOUT 68 YEARS, OCCUPATION: EX.
LIBRARIAN INDRA GANDHI GOVT.
ENGINEERING COLLEGE SAGAR R/O
RAJBHAWAN PRABHAKAR NAGAR,
MAKRONIYA DISTRICT SAGAR (MADHYA
PRADESH)

.....APPELLANT
(BY SHRI PRAHLAD CHOUDHARY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY
TECHNICAL EDUCATION SKILL
DEVELOPMENT MANTRALAYA VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)

2. DEPUTY SECRETARY GOVT. OF M.P.
TECHNICAL EDUCATION SKILL
DEVELOPMENT AND EMPLOYMENT
DEPARTMENT MANTRALAYA BHOPAL
(MADHYA PRADESH)

3. DIRECTOR DIRECTORATE OF TECHNICAL
EDUCATION DISTT. BHOPAL (MADHYA
PRADESH)

4. PRINCIPAL GOVT. INDIRA GANDHI
ENGINEERING COLLEGE SAGAR (MADHYA
PRADESH)

.....RESPONDENTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)

WRIT APPEAL No. 371 of 2024
BETWEEN:-
PURUSHOTTAMDAS SARATHE S/O LATE
NANHELAL SARATHE, AGED ABOUT 64 YEARS,
OCCUPATION: RETIRED AS DEPUTY DIRECTOR
AGRICULTURE FROM DINDORI R/O B-45 JASUJA
CITY DHANWANTARI NAGAR JABALPUR
(MADHYA PRADESH)

.....APPELLANT
(BY SHRI ADITYA VERMA - ADVOCATE)
AND

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
17

1. THE STATE OF MADHYA PRADESH
THROUGH THE PRINCIPAL SECRETARY
FARMER WELFARE AND AGRICULTURAL
DEVELOPMENT DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)

2. DEPUTY DIRECTOR AGRICULTURE,
DINDORI DISTRICT DINDORI (MADHYA
PRADESH)

3. DISTRICT PENSION OFFICER, DINDORI
DISTRICT DINDORI (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)

WRIT APPEAL No. 864 of 2024
BETWEEN:-
CHANDRA KANT TIWARI S/O SURAJ PRASAD
TIWARI, AGED ABOUT 65 YEARS, OCCUPATION:
RETIRED INSPECTOR R/O SOORAJ BHAWAN
UMA NAGAR WARD NO. 57 MAHARSHI MAHESH
YOGI AADARTHAL DISTRICT JABALPUR
(MADHYA PRADESH)

.....APPELLANT
(BY SHRI N.N. MISHRA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH THE PRINCIPAL SECRETARY
HOME (POLICE) DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)

2. JOINT DIRECTOR TREASURY AND
ACCOUNTS JABALPUR DIVISION
JABALPUR (MADHYA PRADESH)

3. SUPERINTENDENT OF POLICE KATNI
DISTRICT KATNI (MADHYA PRADESH)

4. SUPERINTENDANT OF POLICE REWA
DISTRICT REWA (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)

Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 5/18/2024
2:16:42 PM
18

WRIT APPEAL No. 927 of 2024

BETWEEN:-
1. THE STATE OF MADHYA PRADESH
THROUGH PRINCIPAL SECRETARY
DEPARTMENT OF WATER RESOURCES
MANTRALAYA VALLABH BHAWAN
BHOPALBHOPAL (MADHYA PRADESH)

2. ENGINEER IN CHIEF WATER RESOURCE
DEPARTMENT SASSADHAN BHAWAN
TULSI NAGAR BHOPAL (MADHYA
PRADESH)

.....APPELLANTS
(BY SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE)
AND
P.S. DWIVEDI S/O SHRI S.K. DWIVEDI
OCCUPATION: RETIRED CHIEF ENGINEER
WATER RESOURCE DEPARTMENT R/O A-604,
COMMON PROJECT NEW MARKET BHOPAL
(MADHYA PRADESH)

.....RESPONDENT

------------------------------------------------------------------------------------------------------------------

These appeals and petitions coming on for orders this day,
Hon'ble Shri Justice Ravi Malimath, Chief Justice, passed the
following:
ORDER

Since the issue involved in these appeals/petitions are identical, they are taken up for analogous hearing and being disposed off by this common order.

2. The question involved herein is with respect to recovery from a Government employee in view of the benefits which have been extended by the State authorities.

3. The similar question came up for consideration before a Full Bench of this Court in a reference in Writ Appeal No.815 of 2017 (State of M.P. and others vs Jagdish Prasad Dubey) and the reference has been answered by order dated 06.03.2024 as under:-

"35.(a) Question No.1 is answered by holding that recovery can be effected from the pensionary benefits or from the salary based on the undertaking or the indemnity bond given by the employee before the grant of benefit of pay refixation. The question of hardship of a Government servant has to be taken note of in pursuance to the judgment passed by the Larger Bench of the Hon'ble Supreme Court in the case of Syed Abdul Qadir (supra). The time period as fixed in the case of Rafiq Masih (supra) reported in (2015) 4 SCC 334 requires to be followed. Conversely an undertaking given at the stage of payment of retiral dues with reference to the refixation of pay or increments done decades ago cannot be enforced.

(b) Question No.2 is answered by holding that recovery can be made towards the excess payment made in terms of Rules 65 and 66 of the Rules of 1976 provided that the entire procedures as contemplated in Chapter VIII of the Rules of 1976 are followed by the employer. However, no recovery can be made in pursuance to Rule 65 of the Rules of 1976 towards revision of pay which has been extended to a Government servant much earlier. In such cases, recovery can be made in terms of the answer to Question No.1.

(c) Question No.3 is answered by holding that the undertaking given by the employee at the time of grant of financial benefits on account of refixation of pay is a forced undertaking and is therefore not enforceable in the light of the judgment of the Hon'ble Supreme Court in the case of Central Inland Water Transport Corporation Limited (supra) unless the undertaking is given voluntarily."

4. The counsels appearing for the petitioners/appellants as well as for the State fairly submit that all these cases can be disposed off in terms of the judgment passed by the Full Bench of this Court in the case of Jagdish Prasad Dubey (supra).

5. The counsels appearing for the petitioners in some of the matters have pointed out that in some cases, the recovery has already been

effected, therefore, their cases be taken up for consideration on priority basis. The State counsel submits that they will examine the cases of all the employees and pray for some time to be granted to them.

6. Under these circumstances, all these writ appeals/petitions are disposed off with a direction to the respondents/State :

(i) to consider the writ appeals/petitions as the representations filed on behalf of the petitioners or the appellants, examine their cases in the light of the Full Bench judgment of this Court in the case of Jagdish Prasad Dubey (supra) and take a final decision as to whether any recovery can be made from them in view of the law laid down by the Full Bench decision of this Court;

(ii) The cases in which the recovery has already been effected by the respondents/State, be taken up on priority basis. The State authorities to consider those cases in the light of the Full Bench judgment in the case of Jagdish Prasad Dubey (supra) and pass a final order with respect to the fact that whether any recovery can be effected looking to the facts and circumstances of the respective cases and if the State authorities arrive at a conclusion that no recovery can be made from them, the amount recovered from them be refunded along with interest at the rate of 6% per annum from the date of recovery till the date of realization. The aforesaid exercise be completed within a period of three months from the receipt of a certified copy of this order.

(iii) For the remaining cases wherein there is an interim protection granted by this Court, the respondents/State are directed to complete the exercise of consideration of such cases by 31.12.2024 in the light of the Full Bench judgment of this Court in the case of Jagdish Prasad Dubey (supra) and pass a reasoned order accordingly. If they arrive at the conclusion that no recovery can be made, then fresh order be passed.

(iv) As the maximum cases are pertaining to the retired Government employees, therefore, the respondents/State are directed to revise their pensions in accordance with law and issue fresh PPO within the aforesaid period. Till the entire exercise is completed, the interim relief granted by this Court is extended till 31.12.2024 or till passing of the fresh order by the respondents/State, whichever is earlier.

(v) Some of the appeals/petitions are filed by the State Government, they are at liberty to reconsider the cases of the respondents/employees in those cases in the light of the Full Bench judgment of this Court in the case of Jagdish Prasad Dubey (supra).

7. Accordingly, all these writ appeals/writ petitions are disposed off in above terms.

                               (RAVI MALIMATH)                        (VISHAL MISHRA)
                                CHIEF JUSTICE                              JUDGE
                     VV