G.S.Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 13325 MP

Madhya Pradesh High Court

G.S.Khan vs The State Of Madhya Pradesh on 9 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 9 th OF MAY, 2024
                                           WRIT PETITION No. 26361 of 2018

                           BETWEEN:-
                           G.S.KHAN S/O LATE SHRI ABBAS KHAN, AGED ABOUT
                           63 YEARS, OCCUPATION: RETIRED HEAD MASTER
                           GOVT. MIDDLE SCHOOLN NAULAKHAPA BLOCK
                           JUNNARDEO DISTT. CHHINDWARA R/O WARD NO. 16
                           JUNNARDEO NEAR MASJID DISTT. CHHINDWARA M.P.
                           (MADHYA PRADESH)

                                                                             .....PETITIONER
                           (BY SHRI U.S. JAYASWAL - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THR. THE
                                 SECRETARY SCHOOL EDUCATION DEPARTMENT
                                 VALLABH   BHAWAN BHOPAL M.P. (MADHYA
                                 PRADESH)

                           2.    THE A.G. GWALIOR DISTT-GWALIOR (MADHYA
                                 PRADESH)

                           3.    THE COMMISSIOER PUBLIC INSTRUCTIONS,
                                 DISTT-BHOPAL (MADHYA PRADESH)

                           4.    THE JOINT DIRECTOR TREASURY ACCOUNT AND
                                 PENSION DISTT-JABALPUR (MADHYA PRADESH)

                           5.    DISTRICT EDUCATION OFFICER CHHINDWARA
                                 DISTT-CHHINDWARA (MADHYA PRADESH)

                           6.    DISTRICT PENSION OFFICER CHHINDWARA
                                 DISTT-CHHINDWARA (MADHYA PRADESH)

                           7.    THE     DISTRICT     TREASURY   OFFICER
                                 CHHIN D WAR A DISTT-CHHINDWARA (MADHYA
                                 PRADESH)

                           8.    THE BLOCK EDUCATION OFFICER JUNNARDEO
Signature Not Verified
Signed by: SHABANA
ANSARI
Signing time: 10-05-2024
12:19:06
                                                       2
                                 DISTT-CHHINDWARA (MADHYA PRADESH)

                           9.    THE SANKUL PRINCIPAL GOVT. HIGH SCHOOL
                                 KHANAUTI BLOCK JUNNARDEO, CHHINDWARA
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI S.K. SHRIVASTAVA - GOVERNMENT 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 the Constitution of India challenging order dated 22.06.2017 contained in Annexure-P/1 by which recovery for an amount of Rs.02,12,479/- is ordered. Said amount has already

been recovered.

2. Learned counsel appearing for the petitioner submitted that pay of petitioner was fixed on 01.01.1996 in pay scale of Rs.5500-175-9000/- at Rs.6025/-. It is submitted that due to mistake on part of respondents an amount of Rs.6200/- was being paid to him. Excess money was being paid to petitioner. There was no mis-representation on part of petitioner nor petitioner was having knowledge that excess money is being paid to him. Excess salary was continued to be paid to petitioner till his retirement i.e. on 30.06.2017. There was no undertaking given by petitioner for recovery of said amount. Petitioner is a Class-III employee and recovery for period more than five years cannot be affected by respondents as per judgment passed in case of State of Punjab and Ors. Vs. Rafiq Masih (White Washer), reported in (2015) 4 SCC 334.

3. Learned Government Advocate appearing for the State opposed the petition and submitted that petitioner has given an undertaking for recovery, if excess amount is paid to him. As soon as petitioner retired, proceedings were

initiated for recovery and amount has already been recovered. Respondents are entitled to recover the public money. Petitioner does not have any right over excess money which has been paid to him, therefore, petition may be dismissed.

4. Heard the counsel for the parties.

5. Repeated cause of action arose on each wrong payment which is made to petitioner. No action has been taken by respondent till 2017. Respondents has no right to recover the amount which is paid in excess more than five years ago. Further, petitioner is a Class-III employee and will be put in iniquitous position due to said recovery.

6. In view of aforesaid, recovery order dated 22.06.2017 contained in Annexure-P/1 is quashed. Recovered amount be returned to petitioner within period of 30 days from date of receipt of certified copy of the order passed today.

7. With aforesaid, petition is disposed off.

(VISHAL DHAGAT) JUDGE $A