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2018 Supreme(MP) 258

J.K.MAHESHWARI
Vijay Shankar Trivedi – Appellant
Versus
State of M. P. – Respondent


Advocates:
Ravi M. K. Vyas for petitioner;
Girish Kekre, Government Advocate for respondents/State.

ORDER

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner, who is a retired Subedar (M) of the Police Department of the Government of M.P. seeking quashment of order of recovery Annexure P-6 dated 23.11.2016 and to seek further direction to decide representation Annexure P-7 and to grant any other relief, which may be deemed fit in the facts of the case.

2. The facts unfolded to file the present petition are that the petitioner was appointed on the post of Assistant Sub-Inspector (M) as per order Annexure P-2 dated 19.6.1982. He was promoted on the post of Account Subedar (M) as per order Annexure P-3 dated 11.7.2014. Thereafter, on attaining the age of superannuation he retired from the said post vide order Annexure P-4 dated 31.10.2016. Because the post retiral dues and pensionary benefits of the petitioner were not settled, however, he submitted representation Annexure P-7 to respondent No. 4 to grant his legible dues. In response thereto order of recovery Annexure P-6 dated 23.11.2016 has been passed, which is assailed in view of the judgment of the Supreme Court in the case of State of Punjab and others v. Rafiq Masih (White Washer)













































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