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2018 Supreme(MP) 819

VIJAY KUMAR SHUKLA
Chandramani Prasad Mishra – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Petitioners: Shri Rahul Mishra, learned Counsel.
For the Respondents:Shri A.K. Singh, Government Advocate.

ORDER :

VIJAY KUMAR SHUKLA, J.

1. Invoking the jurisdiction under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the recovery orders dated 05.02.2016 and 26.03.2016 passed by the respondent no.4 Executive Engineer, Upper Purwa Canal Division, Rewa. The petitioner has also prayed for refund of the amount recovered from the gratuity i.e. Rs. 2,09,595/- along with the interest @ 12% per annum.

2. Brief facts as adumbrated in nutshell are that the petitioner was initially appointed as Lower Division Clerk on 05.07.1979 by the Superintending Engineer, Bansagar Canal Division, Rewa. He joined his duties on 06.07.1979 in the pay-scale of Rs. 169- 300 per month with the increments. He retired from his service on attaining the age of superannuation w.e.f. 31.07.2014 from the post of Assistant Grade-II. A P.P.O. was issued by the respondent no.5 Divisional District Pension Officer, Division Rewa. The petitioner passed Hindi Typing Examination w.e.f. 20th September, 1981 and his services were regularized in the pay scale of Rs. 169-300 w.e.f. 21.09.1982 along with the benefits of the increments. The pay scale of the petitioner was further rev




















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