Smt. Maya Tiwari vs The State Of Madhya Pradesh
2024 Latest Caselaw 13710 MP

Madhya Pradesh High Court

Smt. Maya Tiwari 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. 15269 of 2020

                           BETWEEN:-
                           SMT. MAYA TIWARI W/O S.K. TIWARI, AGED ABOUT 69
                           YEAR S , OCCUPATION: SERVICE R/O 6/15, JHIRIYA,
                           CIVIL LINES (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (BY SHRI AJAYPAL SINGH - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPA SECRETARY HOME DEPARTMENT
                                 VALLABH BHAWAN (MADHYA PRADESH)

                           2.    DIRECTOR GENERAL OF POLICE POLICE
                                 HEAD QUARTER S DISTT. BHOPAL (MADHYA
                                 PRADESH)

                           3.    COM M AN D AN T 9TH SAF         BATTALION DISTT.
                                 REWA (MADHYA PRADESH)

                           4.    TREASURY      OFFICER DIRECTORATE  OF
                                 TREASURY   AND   ACCOUNTS DISTT. REWA
                                 (MADHYA PRADESH)

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

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

Petitioner, is aggrieved of order of recovery on account of incorrect pay fixation made by the Superintendent of Police, Satna.

I t is an admitted fact as is evident from the return that undated

undertakings will not bind the petitioner. It is not mentioned that in regard to which of the pay-fixation years these undertakings were obtained.

Therefore, in view of the judgment of Full Bench of this High Court in Writ Appeal No.815/2017 (State of Madhya Pradesh & Others versus Jagdish Prasad Dubey) & Other allied matters on 06.03.2024 that recovery is not sustainable in the eyes of law. It is hereby quashed. If recovery is already made then it be refunded to the petitioner alongwith 8% Per Annum Interest within thirty days of receipt of certified copy of this order.

Accordingly, this writ petition is allowed and disposed of.

(VIVEK AGARWAL) JUDGE AR