SHRIKANT KAUSHIK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With consent, heard finally. The petitioner, under Article 226 of the Constitution of India, has preferred this petition seeking the following reliefs:

(2.) Precisely stated facts of the case are that petitioner retired from the post of Ayurvedic Medical Officer on 31/12/2014 from Government Gandhi Ayurvedic Hospital, Morena. When petitioner was likely to retire, District Ayush Officer, district Morena (respondent no.2 herein) assessed the recovery of Rs.18,807.00 and interest amounting to Rs.1.87 lacs on excess payment made in the year 1987 on the pretext of wrongful grant of advance increments.

(3.) Petitioner challenged the said recovery by way of Writ Petition No.5903/2014 and vide order dtd. 30/9/2014 (Annexure P/2) recovery was stayed. It appears that the said writ petition was finally decided in Lok Adalat vide order dtd. 12/12/2015 whereby Government Advocate conceded to the extent whereby respondents had to decide the petitioner's case afresh keeping in view the Circular dtd. 9/7/2014 issued by the Finance Department. The said circular stipulates that in case of recovery on the pretext of wrongful grant of increments or wrong fixation, interest shall not be levied. Therefore, it further appears that respondents quashed the recovery order so far as levy of interest is concerned and recovered only Rs.18,807.00 as Principal sum.