Prakash Chandra Soni vs The State Of Madhya Pradesh
2024 Latest Caselaw 14132 MP

Madhya Pradesh High Court

Prakash Chandra Soni vs The State Of Madhya Pradesh on 14 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 14 th OF MAY, 2024
                                              WRIT PETITION No. 7338 of 2018

                           BETWEEN:-
                           PRAKASH CHANDRA SONI S/O SHRI MP SONI, AGED
                           ABOUT 62 YEARS, OCCUPATION: RETIRED A-4 , 301
                           PARAS CITY ARERA COLONY (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI SHOEB HASAN KHAN - ADVOCATE)

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

                           2.     UNDER SECRETARY AYUSH VALLABH BHAWAN,
                                  BHOPAL (MADHYA PRADESH)

                           3.     COMMISSIONER    AYUSH VALLABH         BHAWAN,
                                  BHOPAL (MADHYA PRADESH)

                           4.     DIVISIONAL JOINT DIRECTOR TREASURY
                                  ACCOUNTS AND PENSION OFFICE INDORE
                                  (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (BY SHRI DEEPAK SAHU - PANEL LAWYER )

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

There is a recovery proposed from the petitioner on account of pay fixation.

Respondents have enclosed the copy of undertaking given by the

petitioner as Annexure R-5 which reveals that, petitioner had given under taking in relation to the Pay Revision Rules made effective from 01.01.2006 on 24.06.2009 and therefore, recovery on re-fixation of pay on account of withdrawal of Second Time of Pay/Kramonnati cannot be said to be illegal or arbitrary in the light of the judgment of Full Bench in W.A. 815/2017.

Accordingly, no indulgence is called for.

Except that, respondents will not be entitled to recover any amount under the head of interest in as much as for the fault of the respondents in granting a higher pay-scale, petitioner cannot be saddled with the liability to pay interest. If any amount of interest is recovered from the petitioner, then same be refunded

to the petitioner within a period of 30 days alongwith the interest @ 8% from the date of the such recovery.

Accordingly, this petition is disposed of.

(VIVEK AGARWAL) JUDGE AR