Kailash Chandra Pansauria vs The State Of Madhya Pradesh on 24 November, 2022

[Cites 3, Cited by 1]

Madhya Pradesh High Court

Kailash Chandra Pansauria vs The State Of Madhya Pradesh on 24 November, 2022

Bench: Nandita Dubey

                                                                        1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT INDORE
                                                                    BEFORE
                                                      HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                           ON THE 24th OF NOVEMBER, 2022

                                                        WRIT PETITION No. 6298 of 2021

                                            BETWEEN:-
                                            KAILASH CHANDRA PANSAURIA S/O SHRI
                                            KALURAM PANSAURIA, AGED ABOUT 63
                                            YE A R S , OCCUPATION: RETIRED ASSISTANT
                                            SUB INSPECTOR OF POLICE(M) OFFICE OF
                                            SUPERINTENDENT OF POLICE DIST DHAR
                                            HOUSE NO. 49, KHEDAPATI MARG (MADHYA
                                            PRADESH), DHAR

                                                                                                   .....PETITIONER
                                            (MS. NEERJA        PATNE,       LEARNED    COUNSEL     FOR    THE
                                            PETITIONER .

                                            AND
                                   1.       THE STATE OF MADHYA PRADESH THR. THE
                                            PRINCIPAL SECRETARY VALLABH BHAWAN
                                            BHOPAL (M.P.) (MADHYA PRADESH)

                                   2.       SUPERINTENDENT OF POLICE DHAR (MADHYA
                                            PRADESH)

                                   3.       DIVISIONAL   PENSION               OFFICER DHAR
                                            (MADHYA PRADESH)

                                                                                                .....RESPONDENTS
                                            (SHRI KOUSTUBH PATHAK GA APPEARING ON BEHALF OF
                                            STATE)

                                         T h is petition coming on for orders this day, t h e cou rt passed the
                                   following:
                                                                         ORDER

This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:-

(a) to call for the relevant record of the case, Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 11/25/2022 5:20:46 PM 2

(b) to quash the impugned pay fixation order dated 9.10.2019 (Annx.P/1) and consequential impugned recovery order dated 8.2.2021 (Annx.P/2) issued by respondent NO.2, by a writ or certiorari or any other appropriate writ, direction or order.

(c) to direct the respondents to finalise the pension case of the petitioner after adjusting the principal amount of recovery to the tune of Rs.3,18,280/- and to release the remaining retiral dues such as pension, gratuity, leave encashment etc. along with interest @ 12% per annum, by a Writ of Mandamus or any other appropriate writ, direction, order.

(d) to allow the petition with costs,

(e) to pass such other order(s) as this Court may deem fit in the facts and circumstances to grant relief to the petitioner.

The grievance of the petitioner is that the recovery orders dated 9.10.2019 and 8.2.2021 have been issued to him after his retirement on 30.11.2020 and the recovery of Rs.3,18,280/- has been made from the leave encashment of the petitioner.

Counsel for the petitioner has drawn the attention of this court to a decision rendered by apex Court in the case of Thomas Daniel Vs. State of Kerala and others, 2022 SCC Online SC 536 and M.P. Medical Officers Association Vs. State of Madhya Pradesh and others (Civil Appeal No. 5527 of 2022) and also the co-ordinate Bench of this Court in the case of Trilokchand Gupta Vs. State of M.P. and others (writ petition No.1515/2008) which has been affirmed by Division Bench in Writ Appeal No. 36/2010, in which recovery has been quashed on the ground that recovery order has been passed at the fag end of the service of the said petitioner.

Signature Not Verified

Counsel for the petitioner submitted that the aforesaid decisions cover Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 11/25/2022 5:20:46 PM 3 the issue involved in the present case also as the pay of petitioner was unilaterally reduced, without even issuing any show cause notice or giving opportunity of hearing.

On due consideration of submissions and on perusal of the record, this Court is of the considered opinion that the issue involved in the present case is squarely covered by the decision rendered by apex Court in the cases of Thomas Daniel and M.P. Medical Officers Association (supra) and the ratio of the aforesaid cases would also be applicable mutatis mutandis in the facts and circumstances of the present case.

In view of the aforesaid, impugned orders dated 9.10.2019 and 8.2.2021 are hereby quashed and the amount i.e. Rs.3,18,280/- which has already been recovered by the respondents is directed to be returned to the petitioner within a further period of three months from the date of receipt of certified copy of this order.

With the aforesaid, present petition stands disposed of.

(NANDITA DUBEY) JUDGE MK Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 11/25/2022 5:20:46 PM

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