JYOTI TARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking following reliefs :-

(2.) It has been submitted by learned counsel for the petitioner that the petitioner stood retired with effect from 30/6/2023 from the post of Senior Lecture. It is submitted that after retirement recovery of an amount of Rs.11,93,726.00 as excess payment has been made from the gratuity of the petitioner.

(3.) It is further submitted that the said excess amount, of which recovery has been sought, is in respect of erroneous pay fixation on account of granting second and third Kramonnati w.e.f. 27/1/2009 and 26/6/2019 respectively and the recovery of which is being sought after retirement along with interest. It is submitted that in the light of the Judgment of the Hon'ble Apex Court in the case of State of Punjab & Others Vs. Rafiq Masih, (2015) 4 SCC 334, the respondent/State is not entitled to recover the amount of excess payment of the salary granted to the petitioner due to erroneous fixation of pay by the respondents, at the time of retirement and prayed for quashment of the order.