ORDER

1. At the outset, learned Government Advocate submits that an issue as the present one as to whether recovery can be effected in case of excess payment since has been referred to Larger Bench by order dated 11.4.2018 in W. A. No. 815/2017; the hearing of present case be deferred.

2. The order dated 11.4.2018 passed in W. A. No. 815/2017 reflects following questions of law referred to Larger Bench:

“1. Whether the recovery can be ordered to be affected from the pensionary benefits or from the salary in view of an undertaking or Indemnity Bond taken by the employer before the grant of benefit of pay refixation.

2. Whether the recovery on account of excess payment to an employee can be made in exercise of power conferred under rule 65 of M. P. Civil Services (Pension) Rules, 1976.

3. Whether the undertaking sought at the time of grant of financial benefits on account of refixation of pay is a forced undertaking and thus not enforceable in light of judgment of Supreme Court in (1986) 3 SCC 136 (Central Inland Water Transport Corporation Limited and Another v. Brojo Nath Ganguly and Another).

4. Any other question which is raised for decision before the Larger Bench or which the Lar