Decided on February 23,2018

Chandramani Prasad Mishra Appellant
State Of Madhya Pradesh And Ors Respondents


Vijay Kumar Shukla, J. - (1.) Invoking the jurisdiction under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the recovery orders dated 05.02.2016 and 26.03.2016 passed by the respondent no.4 Executive Engingineer, Upper Purwa Canal Division, Rewa. The petitioner has also prayed for refund of the amount recovered from the gratuity i.e. Rs.2,09,595/- alongwith the interest @ 12% per annum.
(2.) Brief facts as adumbrated in nutshell are that the petitioner was initially appointed as Lower Division Clerk on 05.07.1979 by the Superintending Engineer, Bansagar Canal Division, Rewa. He joined his duties on 06.07.1979 in the pay-scale of Rs.169- 300 per month with the increments. He retired from his service on attaining the age of superannuation w.e.f. 31.07.2014 from the post of Assistant Grade-II. A P.P.O. was issued by the respondent no.5 Divisional District Pension Officer, Division Rewa. The petitioner passed Hindi Typing Examination w.e.f. 20th September, 1981 and his services were regularized in the pay scale of Rs.169-300 w.e.f. 21.09.1982 alongwith the benefits of the increments. The pay scale of the petitioner was further revised in Rs.515-800 w.e.f. 1981. The same was again re-fixed in the pay scale of Rs.870-1420 w.e.f. 01.01.1986 and fixed Rs.910. The same was further revised to Rs.935 w.e.f. 21.09.1986. The same was also approved and verified by the respondents no.4.
(3.) The petitioner worked as Assistant Grade-II and retired from the said post w.e.f. 31.07.2014. After the retirement and issuance of the Pension Payment Order (PPO), the respondents found that the petitioner has been paid excess amount of Rs.2,09,595/- for the period 01.04.1981 to 01.07.2014. The respondents recovered the said amount from the gratuity of the petitioner. The respondents passed the impugned orders dated 05.02.2016 and 26.03.2016 (Annexure P-4 & P-5)). Earlier the respondents had issued an order of recovery dated 16.03.2015 and directed the petitioner to depositing the same within the period of 3 days but later the same was modified and the amount of Rs. 2,09,595/- has been recovered from the post retiral benefit. The petitioner submitted a representation after the said deduction.;

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