STATE OF MADHYA PRADESH Vs. RAJNISH DWIVEDI

JUDGEMENT

(1.) This writ appeal under Sec. 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam 2005 filed by the State is against the final order dtd. 8/3/2022 passed in Writ Petition No.16193 of 2017 by which the learned Single Judge has quashed the recovery and directed the recovered amount to be refunded with interest.

(2.) Pertinently, the recovery was made by an order passed on 18/8/2017 against respondent/class-III employee who was due for superannuation on 31/10/2017.

(3.) Learned counsel for the State has relied upon three Judge Bench decision of this Court in a bunch of writ appeals including W.A. No.815 of 2017 (The State of M.P. and others Vs. Jagdish Prasad Dubey) where due to cleavage of opinion between different Benches, the matter was referred for resolution and the said three Judge Bench answered the questions raised in the following manner :