BACHHAR SINGH SHARMA Vs. STATE OF MADHYA PRADESH PRINCIPAL SECRETARY VALLABH BHAWAN BHOPAL (M.P.) (MADHYA PRADESH)

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :

(2.) It is submitted by the counsel for the petitioner that the petitioner has retired from the post of Rural Agriculture Extension Officer w.e.f. Afternoon of 31/8/2020. After his retirement, the impugned order dtd. 29/10/2020 was issued thereby directing for recovery of Rs.86,298.00which according to the respondents was paid erroneously in excess to what the petitioner was entitled. According to this order, the excess payment was made w.e.f. January, 1996 onwards. Out of total amount of Rs.86,298.00 sought to be recovered by the respondents, the principal amount was Rs.49,735.00 and the interest amount was Rs.36,560.00. It is submitted by the counsel for the petitioner that the case of the petitioner is duly covered by the judgment passed by the Supreme Court in the case of State of Punjab and vs. Rafiq Masih (White Washer) and others reported in (2015) 4 SCC 334 and submitted that any excess payment made by the respondents without there being any misrepresentation cannot be recovered and the petitioner was holding the Class III post.

(3.) The respondents have filed their return and they have submitted that the payment was made after obtaining due undertaking from the petitioner and thus, the case is duly covered by the judgment passed by the Supreme Court in the case of High Court of Punjab and Haryana vs. Jagdev Singh reported in (2016) 14 SCC 267. Heard the learned counsel for the parties.