Smt. Premlata Bhaskar (Dead) Devlal ... vs The State Of Madhya Pradesh
2024 Latest Caselaw 14494 MP

Madhya Pradesh High Court

Smt. Premlata Bhaskar (Dead) Devlal ... vs The State Of Madhya Pradesh on 16 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 16 th OF MAY, 2024
                                           WRIT PET. (SERVICE) No. 4184 of 2004

                           BETWEEN:-
                           SMT. PREMLATA BHASKAR (DEAD) DEVLAL SINGH
                           BHASKAR S/O SOP SINGH BHASKAR OCCUPATION: 67
                           R/O WARD NO.3 TUMDIBHAT ROAD CHHINDITOLA
                           BAIHAR DISTRICT (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI UMESH TRIVEDI - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE SECRETARY ADIM JATI TATHA ANUSHUCHIT
                                 JATI KALYAN VIBHAG VALLABH BHAWAN
                                 MANTRALAYA BHOPAL (MADHYA PRADESH)

                           2.    DIVISIONAL DEPUTY COMMISSIONER TRIBAL
                                 DEVELOPMENT ADIM JATI AVAM ANUSHUCHIT
                                 JATI   KSHETRIYA    VIKAS  PRADHIKARAN,
                                 JABALPUR DIVISION (MADHYA PRADESH)

                           3.    COLLECTOR TRIBAL DEVELOPMENT BALAGHAT
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE)

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

This petition is filed being aggrieved of the order dated 9/06/2004 passed by the Collector, District Balaghat ordering for not only refixation of pay but also recovery of the amount already paid on account of incorrect pay fixation

from the date of appointment of the petitioner.

A perusal of the return reveals that respondents have not enclosed any undertaking or indemnity bond filed by the petitioner and that being the case, petitioner's case is covered by the larger Bench decision of this Court passed in W.A. No. 815/2017. Relevant paragraph of the aforesaid judgment is as under

:-

Question No.3 is answered by holding that the undertaking given by the employee at the time of grant of financial benefits on account of refixation of pay is a forced undertaking and is therefore not enforceable in the light of the judgment of the Hon'ble Supreme

Court in the case of Central Inland Water Transport Corporation Limited (supra) unless the undertaking is given voluntarily.

Accordingly, such recovery is not sustainable in the eyes of law as it is made from a Class-III employee and that too without fault of the petitioner.

It is directed that petitioner's refixation order shall remain intact but the order of recovery is hereby quashed. If any amount is already recovered, same be refunded to the petitioner along with 8% interest thereon from the date of recovery till the date of actual payment.

In above terms, the petition is disposed of.

(VIVEK AGARWAL) JUDGE vy