Madhya Pradesh High Court
The State Of Madhya Pradesh vs Munshi Lal Pal on 29 August, 2017
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W.A NO.493/17
29.08.2017:
Shri Romesh Dave, learned GA for the
appellant/State.
Shri Pranay Shukla, learned counsel
for the respondent.
Heard on IA No.4668/17, an application for condonation of delay.
The writ appeal is barred by 188 days.
For the reasons assigned in the application, we are of the view that the cause shown by the appellant is sufficient to condone the delay. Accordingly, IA No.4668/17 is allowed and the delay is hereby condoned.
It is not in dispute that after retirement of the respondent PPO was prepared and due to wrong pay fixation an amount of Rs.1,34,346/- has been deducted from the retiral dues of the respondent which has been challenged by the respondent before the writ Court. The writ Court placing reliance on the decision of the Apex Court in the case of State of Punjab and others vs. Rafiq Masih (white washer) (Civil Appeal No.11527/2014 dated 18.12.2014) has held -2- that respondent is a Class-III employee and he is not responsible for wrong fixation of pay by the appellant, therefore, quashed the impugned order and directed to refund the amount of Rs.1,34,346 to the respondent.
Learned Govt. Advocate has submitted that wrong pay fixation was not challenged, therefore, in absence of that learned writ Court has rightly allowed the writ petition in respect of recovery made on the basis of wrong pay fixation.
Shri Shukla, learned counsel for the respondent made a statement at the bar that in the writ petition wrong pay fixation had not been challenged by the respondent.
In view of the aforesaid, except recovery appellant/State may take all appropriate steps for re-fixation of pay of the respondent. The appellant/State is directed to refund the amount within a period of 45 days from today, failing which respondent is entitled for interest at the rate of 9% per annum -3- from the date of recovery till realization.
With the aforesaid, writ appeal stands disposed of.
C.c as per rules.
(P.K.JAISWAL) (VIRENDER SINGH)
J U D G E J U D G E
hk/