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2023 Supreme(MP) 143

ANAND PATHAK
Shrikant Kaushik – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Vivek Jain for petitioner;
Jitesh Sharma, Government Advocate for respondents.

ORDER

1. With consent, heard finally.

The petitioner, under Article 226 of the Constitution of India, has preferred this petition seeking the following reliefs:

(i) The respondents may be directed to pay interest @ 12 % p.a. on the amount of gratuity Rs.10.00 lacs for the period 31.12.2014 (date of retirement) till 23.4.2016 (date of payment).

(ii) Any other relief which this Hon’ble Court may deem fit in the circumstances of the case including costs may also be granted.

2. Precisely stated facts of the case are that petitioner retired from the post of Ayurvedic Medical Officer on 31.12.2014 from Government Gandhi Ayurvedic Hospital, Morena. When petitioner was likely to retire, District Ayush Officer, district Morena (respondent no.2 herein) assessed the recovery of Rs.18,807/- and interest amounting to Rs.1.87 lacs on excess payment made in the year 1987 on the pretext of wrongful grant of advance increments.

3. Petitioner challenged the said recovery by way of Writ Petition No.5903/2014 and vide order dated 30.9.2014 (Annexure P/2) recovery was stayed. It appears that the said writ petition was finally decided in Lok Adalat vide order dated 12.12.2015 whereby Government Advocate

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