Madhya Pradesh High Court
Shri Ramsunder Pandey vs The State Of Madhya Pradesh on 7 January, 2020
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 WP-14276-2019
The High Court Of Madhya Pradesh
WP-14276-2019
(SHRI RAMSUNDER PANDEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)
6
Jabalpur, Dated : 07-01-2020
Shri Rahul Rawat, learned counsel for the petitioner.
Shri K.S. Jha, learned Government Advocate for the
respondents/State.
Learned counsel for the petitioner submits that after retirement of the petitioner, a recovery amounting to Rs.28,08,637/- from his pension and gratuity has been proposed. He further submits that the pension of the petitioner has also been stopped for which cannot be done by the respondents/Authority because as per Rule 9 of the Pension Rules, 1976, the order of withdrawing the pension can be passed by the Governor only.
In view of the reply filed by the respondents/State, it is stated that there was some wrong fixation made and wrong pay-scale was granted to the petitioner for which he was not entitled, therefore, the said recovery has been proposed for the excess amount paid to the petitioner.
Despite granting several opportunities to the respondents/State, they failed to demonstrate as to under which provision, the pension of the petitioner has been withheld by them.
Accordingly, it is directed that the respondents may release the pension of the petitioner if there is no order passed by the Competent Authority for withdrawing the pension of the petitioner. The respondents are also directed to file additional submissions in respect of issue regarding withholding the pension in pursuance to the proposed recovery.
List after 15 days.
Certified copy as per rules.
(SANJAY DWIVEDI) JUDGE Devashish Digitally signed by DEVASHISH MISHRA Date: 10/01/2020 10:28:19 2 WP-14276-2019 Digitally signed by DEVASHISH MISHRA Date: 10/01/2020 10:28:19