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Madhya Pradesh High Court
Vishwanath Mishra vs The State Of Madhya Pradesh on 9 March, 2026
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
NEUTRAL CITATION NO. 2026:MPHC-JBP:18532
1 WP-7384-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 9 th OF MARCH, 2026
WRIT PETITION No. 7384 of 2026
VISHWANATH MISHRA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Atul Kumar Rai - Advocate for the petitioner.
Ms. Swati Aseem George G.A. appeared for respondent.
ORDER
This petition has been filed by the petitioner under Article 226 of the
Constitution of India, while praying for the following reliefs:
"(i) Issue a writ in the nature of Certiorari quashing the
impugn recovery orders (Annexure P/1&P/2) dated
20.12.2023 & 01.02.2024 as he belongs to class III
cadre and retired employee.
(ii) Hon'ble Court may kindly be pleased to direct the
respondents to refund the amount if the recovery is
done, as per Annexure P/2.
(iii) Hon'ble Court may kindly be pleased to direct the
respondents/authority to refund the recovery amount of
Rs. 03,66,983-00/-, alertly recovered by the respondent.
(iv) An identical case of this Hon'ble Court interfered
and granted the benefits to the petitioners. The
respondent has conceder and grants the benefit of
similar situated employee. The petitioner is also praying
for similar relief.
(v) Direct the respondents to release the full pension of
the petitioner.
(vi) Any other relief which deemed fit looking to the
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facts and Circumstances of the case.
(vii) To award the cost of the petition. "
2. Counsel for the petitioner contended that the identical issue came up
for consideration before coordinate Bench of this Court in W.P.
No.13167/2024 and other connected petitions (Alok Kumar Yadav v. The
State of Madhya Pradesh and others) and this Court, vide order dated
19.09.2025, while placing reliance on the decision of Division Bench in
W.A. No.1657/2025 (State of M.P. and others v. Ramrao Bhimte) allowed
the petition and set aside the order of recovery. The decision in Ramrao
Bhimte (supra) was assailed by the State in Special Leave to Appeal
No.31546/2025 and the same was dismissed. Thus, as the issue has already
attained finality and become conclusive, the petitioner is entitled for the
same relief.
3. Counsel for the State though has opposed the prayer but is not in a
position to dispute the fact that the identical issue has already been decided
by this Court.
4. Accordingly, the petition stands disposed of with a direction that the
observation made by the coordinate Bench of this Court in the case of Alok
Kumar Yadav (supra) shall apply mutatis mutandis to the present case as
well.
5. Accordingly, the recovery of interest as well as the Principal part
ordered to be recovered from the petitioner stands set aside. If any amount is
recovered from the petitioner, the same be refunded back to him within a
period of 90 days from today, failing which the same will carry interest @
6% from the date of order till actual payment.
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6. With the aforesaid direction, the petition stands disposed of.
(MANINDER S. BHATTI)
JUDGE
Astha
