LAKHAN LAL PATHAK Vs. STATE OF MP

JUDGEMENT

(1.) This appeal under section 2(1) of the MP Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, has been filed calling in question tenability of an order dated 14.8.2014, passed in Writ Petition No. 9198/2013.

(2.) Facts in brief go to show that appellant was appointed in the year 1976 as a Forester. While so working, he was granted first Kramonnati on 19.4.1999, and second Kramonnati on 18.2.2002. Thereafter, he was promoted as a Deputy Ranger in the year 2002 and as a Ranger in the year 2008; and, finally retired on attaining the age of superannuation on 30.4.2012. It seems that after his retirement on the ground that his pay has not been properly fixed and there is some error in the fixation of his pay, an order was passed on 1.4.2013, proposing to recover from him a sum of Rs. 74,187/-. The aforesaid recovery was in view of wrong pay fixation. Recovery in question is not only of the excess payment but also of certain interest on the amount in accordance to a Circular of the Finance Department dated 31.5.2011, whereby it is provided that in cases of recovery of the nature indicated hereinabove, certain provisions were made for charging interest on compounding basis.

(3.) Challenging the recovery made, the writ petition was filed. The writ petition has been allowed in part. Even though recovery of the interest has been quashed and to that effect writ petition has been allowed, but recovery of the original amount due to correction of the error in pay fixation has been rejected by the writ Court.