Radhika Prasad Mishra vs The State Of Madhya Pradesh
2024 Latest Caselaw 13711 MP

Madhya Pradesh High Court

Radhika Prasad Mishra 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. 2599 of 2020

                           BETWEEN:-
                           1.    RADHIKA PRASAD MISHRA S/O R P MISHRA,
                                 AGED ABOUT 65 YEARS, OCCUPATION: SERIVCE
                                 H. NO. 1050 PURANI TOLA CIVIL LINES DISTRICT
                                 SATNA (MADHYA PRADESH)

                           2.    RAMESH KUMAR PATEL S/O R. B. PATEL, AGED
                                 ABOUT 64 YEARS, OCCUPATION: SERVICE R/O
                                 SHIVAJI NAGAR SATNA (MADHYA PRADESH)

                           3.    GURSHARAN SINGH (DIED) THROUGH LRS SMT
                                 KUSUM BAI SINGH W/O LATE GURSARAN SINGH,
                                 AGED   ABOUT     64   YEARS, OCCUPATION:
                                 HOUSEWIFE R/O H.NO.446, UTTAR PATERI
                                 (MADHYA PRADESH)

                                                                                  .....PETITIONERS
                           (BY SHRI AJAY PAL SINGH - ADVOCATE )

                           AND
                           1.    THE STATE OF MADHYA PRADESH THR
                                 PRINCIPAL SECRETARY HOME DEPT VALLABH
                                 BHAWAN, BHOPAL (MADHYA PRADESH)

                           2.    DIRECTOR GENERAL OF POLICE POLICE
                                 H E A D Q U A R T E R S DISTT-BHOPAL (MADHYA
                                 PRADESH)

                           3.    SUPERINTENDENT OF POLICE,        SATNA DSITT-
                                 SATNA (MADHYA PRADESH)

                           4.    TREASURY   OFFICER,   DEPARTMENT     OF
                                 TREASRUY    AND     ACCOUNT DISTT-SATNA
                                 (MADHYA PRADESH)

                                                                                 .....RESPONDENTS
                           (BY SHRI SUYASH THAKUR - GOVERNMENT ADVOCATE )
Signature Not Verified
Signed by: AMITABH
RANJAN
Signing time: 14-05-2024
18:51:08
                                                                2
                                 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