RAMKUMAR DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Jabalpur, Dated : 07.03.2018 This petition under Article 226 of the Constitution of India has been filed by the petitioner, who is a retired Inspector of the Police Department of the Government of M.P. seeking quashment of order of recovery Annexure P-1 dated 17.12.2015 and further direction to refund the recovered amount to the petitioner.

(2.) The respondents have filed the return inter alia contending that at the time of revision of pay, fixation has wrongly been made, therefore, in the light of the judgment of the Supreme Court in the case of High Court of Punjab & Haryana & others Versus Jagdev Singh reported in (2016) 14 SCC 267, the recovery has rightly been ordered.

(3.) This Court in W.P. No. 2395/2017 (Vijay Shankar Trivedi Versus State of M.P. & others) decided on 17.1.2018 has considered the judgments of Division Bench of the High Court of Rajasthan, Jodhpur in Civil Special Appeal (W) No. 349/2014 (Mohammed Yusuf Versus Maharana Pratap Agriculture & Technology and another) passed on 24.11.2016; High Court of Punjab & Haryana & others Versus Jagdev Singh reported in (2016) 14 SCC 267 and the order of Division Bench of this Court in W.A. No.1232/2017 (The State of Madhya Pradesh & others Versus Chandrashwar Prasad Singh) passed on 15.12.2017 and held as under:-