Akram Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 16419 MP

Madhya Pradesh High Court

Akram Khan vs The State Of Madhya Pradesh on 31 May, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       WP No. 15049 of 2024
                                         (AKRAM KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 31-05-2024
                                 Shri Yash Tiwari - Advocate on behalf of Shri Rishi Shrivastava -

                           Advocate for petitioner.
                                 Shri Rajwardhan Gawde - GA for respondent No.1.

The present petition is filed challenging the order dated 30.10.2023 by which recovery from the pension of the petitioner has been initiated on the ground that the petitioner was paid more salary since benefit of wrong

promotion was granted to the petitioner. The respondents have initiated recovery of Rs.9,23,207/- from the retiral dues of the petitioner.

Counsel for petitioner submits that the aforesaid recover due to wrong extension of benefit is illegal and contrary to the judgment passed by the Apex Court in the case of State of Punjab Vs. Rafiq Masih (2015) 4 SCC 334.

Considering the aforesaid submissions issue notice to the respondents on payment of PF within seven working days by registered a.d. with due acknowledgement returnable within six weeks.

Till the next date of hearing, no recovery shall be made in pursuant to the

order dated 30.12.2023. It is made clear that the claim of the petitioner settled and paid in accordance with law.

c.c as per rules.

(VIJAY KUMAR SHUKLA) JUDGE

VM