GOPAL PRASAD ADIWASI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by the order of recovery Annexure P/1 and the action of respondent to adjust the gratuity and Departmental Provident Fund (DPF) in lieu thereof, petitioner has filed this petition seeking quashment of the said recovery and to release the adjusted amount of recovery as well as DPF. It is not in dispute that the petitioner was a Class IV employee working in the respondent/department. As per return filed by the respondent, it is inter alia contended that the superannuation of the petitioner was due on 31.10.2008 but on account of furnishing a certificate of date of birth signed by Sarpanch, he continued up to 7.11.2011 for a period of three years even after the actual date of retirement recorded in the service book. However, the difference of the salary paid to him during such period has rightly been ordered to be recovered.

(2.) Learned counsel for the petitioner has strenuously urged that even the stand taken by the State Government is accepted as correct, in that case also, if petitioner has worked after the date of retirement, he would be entitled to get the salary otherwise, it would be a Begar as enshrined in Article 23 of the Constitution of India. In addition thereto, being class IV employee, recovery in view of the judgment of Hon'ble Supreme Court in the case of State of Punjab and Others v/s. Rafiq Masih (White Washer) and Others : AIR 2015 SC 696 : (2015) 4 SCC 334 : LNIND 2014 SC 1041 : 2015 -I -LLJ -455 is not permissible.

(3.) In view of the aforesaid, the order of recovery may be quashed and the amount of gratuity and DPF adjusted in lieu of recovery may be ordered to be released with interest.