S.N. Pandey vs The State Of Madhya Pradesh
2024 Latest Caselaw 13669 MP

Madhya Pradesh High Court

S.N. Pandey vs The State Of Madhya Pradesh on 10 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 10 th OF MAY, 2024
                                            WRIT PETITION No. 24408 of 2018

                          BETWEEN:-
                          S.N. PANDEY S/O SHRI SHARDA PRASAD PANDEY, AGED
                          ABOUT 62 YEARS, OCCUPATION: RETIRED ASSISTANT
                          GRADE II 136/3 INDRAPRAST COLONY SHUKLA NAGAR
                          ROAD GULLAUA ROAD GARHA JABALPUR (MADHYA
                          PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI ANIRUDDHA PRASAD PANDEY - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THR. ITS
                                SECRETARY HIGHER EDUCATION VALLABH
                                BHAWAN, BHOPAL (MADHYA PRADESH)

                          2.    COMMISSIONER       HIGHER   EDUCATION
                                D EPARTM EN T SATPURA BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          3.    ADDITIONAL DIRECTOR HIGHER EDUCATION
                                DEPARTMENT DISTT. JABALPUR M.P. (MADHYA
                                PRADESH)

                          4.    PRINCIPAL GOVT. COLLEGE BARELA DISTT.
                                JABALPUR M.P. (MADHYA PRADESH)

                          5.    JOINT DIRECTOR DIRECTORATE OF TREASURY
                                AND     ACCOUNTS CIVIL LINES JABALPUR
                                (MADHYA PRADESH)

                          6.    DISTRICT PENSIN OFFICER JABALPUR DISTT.
                                JABALPUR M.P. (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI SUYASH THAKUR - GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 5/10/2024
7:31:48 PM
                                                             2
                          following:
                                                             ORDER

Learned counsel for the petitioner submits that petitioner is a retired Assistant Grade-II from the Department of Higher Education. Recovery is proposed w.e.f. 01.01.1986 to July, 2016.

Respondents have filed their reply and have enclosed copy of indemnity bond executed by the petitioner on 02.05.1998 in relation to Pay Revision Rules, 1998 made effective from 01.01.1996 and there is also an undertaking dated 20.03.1990 given by the petitioner in relation to Pay Revision Rules made effective from 01.01.1986.

However, there is no undertaking in relation to Pay Revision Rules made effective from 01.01.2006 and, therefore, in terms of the judgment of Full Bench in Writ Appeal No.815/2017 (State of Madhya Pradesh & Others versus Jagdish Prasad Dubey) & Other allied matters on 6.3.3024, though recovery can be sustained from 01.01.1986 to 31.12.2005, but beyond that period in absence of any undertaking, no recovery can be made from the retiral benefits.

Accordingly, recovery staring from 01.01.2006 till the date of superannuation is hereby quashed. If that amount is already recovered from the petitioner, then same be refunded to the petitioner, along with 8% interest, within a period of thirty days from the date of receipt of certified copy of the order being passed today.

(VIVEK AGARWAL) JUDGE MTK