Madhya Pradesh High Court
Rakesh Kumar Malviya vs The State Of Madhya Pradesh on 19 January, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 19 th OF JANUARY, 2023
WRIT PETITION No. 8233 of 2019
BETWEEN:-
1. RAKESH KUMAR MALVIYA S/O LATE SHRI B.P.
MALVIYA, AGED ABOUT 59 YEARS, OCCUPATION:
ASISTANT PROJECT OFFICER R/O
JWALANMUKHI WARD NO 2 SIHORA DISTRICT
JABALPUR (MADHYA PRADESH)
2. RAJNIKANT DAS S/O LATE SHRI P.N. DAS, AGED
ABOUT 59 YEARS, OCCUPATION: TECHNICAL
ASSISTANT JILA PANCHAYAT SEHORE ASSIGNED
TO JANPAD PANCHAYAT ASTHA, DISTRICT
SEHORE (MADHYA PRADESH)
3. R.K PAREKH S/O SHRI B.L. PAREKH, AGED ABOUT
59 YEARS, OCCUPATION: ASSISTANT PROJECT
OFFICER GRAM BRIJ MRIGWAS TAH.
KUMBHRAJ, DISTRICT GUNA (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI AKSHAY PAWAR - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THR. CHIEF
SECRETARY MANTRALAYA BHOPAL (MADHYA
PRADESH)
2. ADDITIONAL CHIEF SECRETARY GOVERNMENT
OF M.P. PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT MANTRALAYA BHOPAL (MADHYA
PRADESH)
3. M.P. STATE COOPERATIVE OILSEED GROWERS
FEDERATION LIMITED THROUGH LIQUIDATOR 1
ARERA HILLS BHOPAL (MADHYA PRADESH)
4. JILA PANCHAYAT KATNI THROUGH ITS CHIEF
EXECUTIVE OFFICER DISTT. KATNI (MADHYA
Signature Not Verified
Signed by: TRUPTI GUNJAL
Signing time: 25-01-2023
18:05:36
2
PRADESH)
5. JILA PANCHAYAT SEHORE THROUGH ITS CHIEF
EXECUTIVE OFFICER DISTT. SEHORE (MADHYA
PRADESH)
6. JANPAD PANCHAYAT ASTHA THROUGH ITS
CHIEF EXECUTIVE OFFICER ASTHA DISTT.
SEHORE (MADHYA PRADESH)
7. JILA PANCHAYAT ASHOK NAGAR THROUGH ITS
CHIEF EXECUTIVE OFFICER ASHOK NAGAR
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI DEVESH JAIN - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS/STATE )
This petition coming on for admission this day, th e court passed the
following:
ORDER
This petition, under Article 226 of the Constitution of India, has been filed claiming that the petitioners are entitled to continue till the age of 62 years.
2. By an interim order, the petitioners were allowed to continue to serve the department after 60 years.
3. It is submitted by the counsel for the parties that the question as to whether the age of superannuation of employees of Oilfed, is 62 years or 60 years, is subjudice before the Supreme Court, but by virtue of interim order, the petitioners have served up to the age of 62 years and have retired even thereafter. It is submitted that even if it is held that the age of superannuation of employees of Oilfed, is 60 years, still in the light of the order dated 16/8/2019 passed by a Division Bench of this Court in Writ Appeal No.1326/2019 (Munna Lal Rajak Vs. State of M.P.& Others), the salary paid to the petitioners for their extended period of service cannot be recovered and, therefore, for practical purposes, this petition has rendered infructuous.
Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 25-01-2023 18:05:36 34. Heard the learned counsel for the parties.
5. The Division Bench in the case of Munna Lal Rajak (supra) has set aside the direction for recovery with the following observations:-
"In view whereof, in the case at hand, as the petitioner had worked for the period from his actual date of retirement till the date of passing of order in Writ Petition by virtue of an interim order, he cannot be deprived of the wages of said period. He will be entitled for the wages as a right; though the period shall not be counted for other retiral dues. Consequently, the direction for recovery of the salary for the period from 01.04.2019 till the decision in Writ Petition is set aside."
6. In view of the law laid down by the Division Bench of this Court in Writ Appeal No.1326/2019 (Munna Lal Rajak Vs. State of M.P.& Others), in which it was held that if an employee is allowed to continue for an extended period by virtue of interim order, then the salary paid to the employee for the extended period cannot be recovered, this Court is of the considered opinion that even if it is held that the age of Oilfed employee is 60 years, but still the salary paid to him for his extended period of service cannot be recovered, therefore, this petition has rendered infructuous.
7. It is, accordingly, dismissed as infructuous.
(G.S. AHLUWALIA) JUDGE TG /-
Signature Not Verified Signed by: TRUPTI GUNJAL Signing time: 25-01-2023 18:05:36