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2017 Supreme(MP) 111
IN THE HIGH COURT OF MADHYA PRADESH
Sheel Nagu and S.A. Dharmadhikari, JJ.
Ramnarayan Sharma v. State of M.P. and others
Writ Appeal No.357 of 2016 (Gwalior) : against the order
dated 6.9.2016, passed by learned Single Judge in
Writ Petition No.7453 of 2014; Decided on 6.3.2017.
R.P. Singh for appellant;
Kamal Jain, Government Advocate for respondents No.1 to 5/State;
M.K. Sharma for respondent No.6.
Headnote:General Provident Fund Rules, 1955 (M.P.) -- Rr.14(7) and 29 -- M.P. Civil Services (Pension) Rules, 1976 -- Rr.3(1)(d), 30, 65 and 66 -- recovery of GPF debit balance from amount of gratuity withheld after two years of retirement -- challenged in writ petition which was dismissed by holding that no illegality in action of respondents -- writ appeal -- this Court has no manner of doubt that only course open to respondents after expiry of six months of date of retirement of petitioner for effecting recovery of Government dues is to file civil suit for recovery in Court of competent jurisdiction -- recovery made from gratuity dues of petitioner is uncalled for in law -- therefore, liable to be set aside -- appeal allowed on terms -- respondents are free to adopt lawful mode to make recovery.
Held : In view of the above discussion, this Court has no manner of doubt that the only course open to the respondents after expiry of 6 months of the date of retirement of the petitioner for effecting recovery of Government dues (overdrawal of GPF amount) was to file a civil suit for recovery in the the Court of competent jurisdiction. The recovery made from the gratuity dues of the petitioner is uncalled for in law and therefore is liable to be set aside. 2016(3) MPLJ 97 and (2015)4 SCC 334 distinguished.
lk/kkj.k Hkfo"; fuf/k fu;e] 1955 ¼e-iz-½ & fu-14¼7½ rFkk & 29 & e-iz- flfoy lsok ¼isU'ku½ fu;e] 1976 & fu-3¼1½¼?k½] 30] 65 rFkk 66 & lkekU; Hkfo"; fuf/k ukes vfr'ks"k dh jksds x, minku /ku dh jde ls lsokfuo`fr ds nks o"kZ i'pkr~ olwyh & fjV ;kfpdk esa vk{ksfir tks fd ;g vfHkfu/kkZfjr djrs gq, [kkfjt fd izR;FkhZ ds dk;Z esa dksbZ voS/krk ugha & fjV vihy & bl U;k;ky; dks fdlh Hkh izdkj dh 'kadk ugha fd & ek= vuqdze tks ;kph dh lsokfuo`fr ds N% ekl O;rhr gksus ds i'pkr~ 'kkldh; ns; dh olwyh dks izHkkoh djus ds fy, izR;FkhZx.k ds ikl gS og l{ke {ks=kf/kdkj ds U;k;ky; esa olwyh ds fy, flfoy okn izLrqr djuk gS & ;kph ds minku /ku ds ns; ls dh xbZ olwyh fof/k esa vukgwr gS & blfy, vikLr gksus ;ksX; gS & vihy 'krksZ ij eatwj & izR;FkhZx.k olwyh ds fy, fof/kd <ax viukus ds fy, Lora= gSaA
vfHkfu/kkZfjr % mijksDr fopkj&foe'kZ dks ns[krs gq,] ;g U;k;ky; fdlh Hkh izdkj dh 'kadk ugha j[krk gS fd ek= vuqdze tks ;kph dh lsokfuo`fr ds N% ekl O;rhr gks tkus ds i'pkr~ 'kkldh; ns; ¼lkekU; Hkfo"; fuf/k dh jde dh vf/kd fudklh½ dh olwyh dks izHkkoh cukus ds fy, izR;FkhZx.k ds ikl FkkA og l{ke {ks=kf/kdkj ds U;k;ky; esa olwyh ds fy, flfoy okn izLrqr djuk gSA ;kph ds minku /ku ds ns; ls dh xbZ olwyh fof/k esa vukgwr gS blfy, vikLr gksus ;ksX; gSA 2016 ¼3½ ,e ih ,y ts 97 rFkk ¼2015½ 4 ,l lh lh 334 izHksfnrA
Nagu, J. -- 1. This intra-Court appeal filed under section 2(i) of M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 assails the final order dated 6.9.2016 passed by learned Single Judge in Writ Petition No.7453/2014 whereby the petition in question assailing the recovery of GPF debit balance from the amount of gratuity withheld, has been dismissed.
2. Learned counsel for the rival parties are heard.
3. The questions of law which beg for consideration are as follow :
(i) Whether the amount of gratuity withheld at the time of superannuation (30.4.2012) could have been appropriated in 2014 for recovery of GPF debit balance of Rs.1,86,836/-?
(ii) Whether the said recovery can take place after more than two years of retirement?
4. Undisputed facts in nutshell are that the petitioner superannuated on 30.4.2012 from the post of Accountant from the Office of Civil Surgeon cum Chief Hospital Superintendent, Shivpuri. Full pension due to the petitioner was released at the time of superannuation. However 90% amount of gratuity was though sanctioned vide order dated 25.10.2012 but was not paid. The withheld gratuity amount was used for adjusting the GPF debit balance of Rs.1,86,836/-.
4.1 The petitioner filed Writ Petition No.7453/2014 praying for the following reliefs :
“7.1 That, the impugned endorsement made at the backside of LPC Annexures P-5 and P-5A to that extent may kindly be set aside.
7.2 That, the impugned order Annexure P-6 dated 27.6.2014, whereby petitioner’s claim about the payment of gratuity amount has been rejected may kindly be set aside and the respondents further may kindly be directed to provide all gratuity payment to the petitioners Rs.4,35,633/-, with the interest from due date to the date of realization of amount may kindly be provided within the stipulated period of one month.
7.3 That any other relief doing justice into the matter including cost of petition, advocate fee etc. may also kindly be awarded to the petitioner.”
4.2 The said writ petition was dismissed by the impugned order by finding no illegality in the action of respondents in recovering the excess withdrawals made in the GPF account from the outstanding gratuity.
5. Before adjudication, it would be appropriate to quote relevant provisions which have bearing on the issue involved :
Rule 14(7) and rule 29 of the M.P. General Provident Rules ( for brevity GPF Rules) are as follows :
“ Rule14(7). In case a subscriber is found to have drawn from the fund an amount in excess of the amount standing to his credit on the date of the drawal, the overdrawn amount, irrespective of whether the over-drawal occurred in the course of an advance or a withdrawal or the final payment from the fund, shall be repaid by him with interest thereon, in one lump sum, or in default, be ordered to be recovered, by deduction in one lump sum, from the emoluments of the subscriber. If the total amount to be recovered is more than half of the subscriber’s emoluments, recoveries shall be made in monthly instalments of moieties of his emoluments till the entire amount together with interest, is recovered. For this rule, the rate of interest to be charged on overdrawn amount would be 2-1/2% over and above the normal rate of Provident Fund balances under sub-rule (1). The interest realised on the overdrawn amount shall be credited to Government account under a distinct sub-head “Interest on overdrawn from Provident Fund.”
29. Final withdrawal of accumulations in the fund. -- When a subscriber quits the service, the amount standing to his credit in the Fund shall become payable to him :
Provided that a subscriber who has been dismissed or removed from the service and is subsequently reinstated in the service, shall, if required to do so by Government, repay any amount paid to him from the Fund in pursuance of this rule, with interest thereon at the rate provided in rule 14 in the manner provided in the proviso to the rule 30. The amount so repaid shall be credited to his
