JAGDISH HIRVE Vs. STATE OF M.P.

JUDGEMENT

(1.) In the instant petition, the petitioner has challenged the order of recovery dtd. 27/12/2022 of Rs.1,43,426.00 (principal amount Rs.87,806.00 + interest Rs.55,620.00) on the ground of excess amount paid to the petitioner from 1/1/2006 to 2024 on account of wrong fixation of pay.

(2.) It is stated that the pay of the petitioner was wrongly revised to 9120 + 2100 w.e.f. 1/1/2006 from 4800/- under M.P. Pay Revision Rules 2009 which should have been Rs.8930.00 + 2100/-.

(3.) Counsel for the petitioner submits that the petitioner is a retired government employee and the said recovery cannot be made in the light of the judgment passed by the Apex Court in the case of State of Punjab V/s. Rafique Masih (White Washer), (2015) 4 SCC 334 . He further submits that it is not the case of the respondent that the petitioner has not made any misrepresentation or cheating with the department.