LAXMAN LAL RATHORE Vs. STATE OF M.P.

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India, petitioner has assailed the legality, validity and propriety of the order dated 15/3/2013 (Annexure P/1), whereby recovery of Rs.1,00,936/- has been ordered from the petitioner after his retirement. Petitioner has also assailed the order dated 24/10/2013 (Annexure P/2) communicated vide letter dated 30/10/13, rejecting the appeal against order (Anneuxre P/1).

(2.) Brief facts leading to filing of this case are that petitioner was initially appointed on 20/5/1971 as Forest Guard. He was granted time-scale vide order dated 17/2/2000 w.e.f. 19/4/1999. The aforesaid order was withdrawn after petitioner attained the age of superannuation on 31/1/2013 on the ground that he was not entitled for the said benefit. By the impugned order, recovery of Rs.1,00,936/- has been ordered stating that excess amount has been paid to the petitioner on his placement in the higher payscale.

(3.) Learned counsel for the petitioner has challenged the aforesad recovery on the strength of judgment of the Apex Court in the case of State of Punjab and others Vs.Rafiq Masih (White Washer) etc (2015 (1) MPHT 130 (SC)),wherein it has been held as under:-