RAKESH MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner is challenging the interest part on the principal amount of recovery, which has been recovered in the year 2014. The basis recovery was for sum of Rs.72,964.00 on account of wrong fixation made by the respondents for the period 1998 to 2009. Admittedly, the principal amount has been recovered from the petitioner when he was in service. Now the petitioner has been directed to refund an amount of Rs.1,63,813.00 towards interest on the said principal amount.

(2.) Counsel for the petitioner submits that it is not the case of the respondents that any misrepresentation, fraud or cheating was played by the petitioner. It is argued that petitioner cannot be held to be responsible for the wrong fixation of pay. In support of his submission, he has placed reliance on the recent judgment passed by the Apex Court in the case of Jogeswar Sahoo and Ors. Vs. The District Judge, Cuttack and Ors arising out of SLP(C) No.5918/2024. The Apex Court, referring to the earlier judgments passed by the Apex Court in the case of Sahib Ram Vs. State of Haryana (1995) Supp(1) SCC 18, Shyam Babu Verma Vs. Union of India (1994) 2 SCC 521, Union of India Vs. M.Bhaskar (1996) 4 SCC 416 and V.Gangaram Vs. Regional Jt. Director (1997) 6 SCC 139, and in a recent decision in the matter of Thomas Daniel. Vs. State ofKerala and Ors (2022) SCC Online SC 536, has quashed the order of recovery.

(3.) Counsel for the State submitted that the State has the right to recover the interest on the excess payment and the action of the recovery of interest amount cannot be in any stretch of imagination can be said to be illegal or contrary to any law.