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IN THE HIGH COURT OF MADHYA PRADESH
SHEEL NAGU, AMAR NATH (KESHARWANI)
State of Madhya Pradesh – Appellant
Versus
Rajnish Dwivedi – Respondent
ORDER
Per: THE ACTING CHIEF JUSTICE
1. This writ appeal under Section 2 (1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam 2005 filed by the State is against the final order dated 8.3.2022 passed in Writ Petition No.16193 of 2017 by which the learned Single Judge has quashed the recovery and directed the recovered amount to be refunded with interest.
2. Pertinently, the recovery was made by an order passed on 18.8.2017 against respondent/class-III employee who was due for superannuation on 31.10.2017.
3. Learned counsel for the State has relied upon three Judge Bench decision of this Court in a bunch of writ appeals including W.A. No.815 of 2017 (The State of M.P. and others v. Jagdish Prasad Dubey) [reported in 2024(2) JLJ 200] where due to cleavage of opinion between different Benches, the matter was referred for resolution and the said three Judge Bench answered the questions raised in the following manner :
“Answers to the questions referred
35.(a) Question No.1 is answered by holding that recovery can be effected from the pensionary benefits or from the salary based on the undertaking or the indemnity bond given by the employee before the grant of bene
Class III employees cannot be subjected to recovery of excess payments within one year of retirement, regardless of any prior undertaking.
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