STATE OF MADHYA PRADESH Vs. RAMPRAKASH TYAGI

JUDGEMENT

(1.) This intra-court appeal preferred u/S. 2(1) of Madhya Pradesh Uccha Nayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, assails the final order dated 01.05.2017 passed in Writ Petition No. 2794/2017 by the learned Single Judge in favour of respondent/pensioner while exercising power of judicial review u/Art. 226 of the Constitution restraining the State and its functionaries from recovering excess payment made to respondent/pensioner during his service tenure by relying upon the ratio laid down by the Apex Court in the case of "State of Punjab and Others Vs. Rafiq Masih (White Washer) etc. [(2015) 4 SCC 334]".

(2.) The present appeal has been preferred as per Office note with a delay of 967 days condonation of which is sought by the State by filing IA. 4528/2021.

(3.) The reason assigned for seeking condonation of delay is that after the foundational order was passed in WP No. 2794/2017 on 01.05.2017, the State preferred RP No. 1853/2018 which was also dismissed on merits on 28.01.2019 with cost. Thereafter, permission to file this appeal was granted by the Department of Law by letter dated 01.05.2020. Whereafter, it reveals from IA that OIC was appointed on 13.05.2020. Further, the IA discloses that cost of Rs. 10,000/- subject to which the review petition was dismissed, was deposited on 17.03.2021 and soon thereafter on 23.03.2021 this Writ Appeal was filed. In this factual background, the State and its functionaries pray for condonation of delay of 967 days.