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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Vivek Jain
Pradeep Kumar Shrivastava – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Vivek Jain, J.
The petitioner is a retired ministerial employee of the police force and he challenges the Order of recovery issued after retirement of the employee who was working as Sub Inspector (Ministerial) in the M.P. Police Force. The recovery has been ordered vide Order dated 18.04.2017 (Annexure P-1) and recovery is after retirement of Class III employee on 30.06.2016. The recovery includes Rs.6,59,436/- as principal amount.
2. It is contended that initially various other Ministerial employees had filed writ petitions before this court and recovery ordered from the similarly situated employees was set aside only as to the interest part and not for the principal part. Thereafter in various other cases, the Coordinate Benches of this Court have set aside the recovery from Ministerial employees of the police for the principal part also even after considering the affect of judgment of the Supreme Court in case of S.H. Baig and Others Vs. State of M.P. and Others (Civil Appeal No.9888-9899 of 2018). This was ordered in W.P. No.19539/2020 ( Umakanti Parihar Vs. State of M.P. and Others ) by the Gwalior Bench of this Court.
3. Subsequently, another Coordinate Bench of this Cou
Retired employees cannot be subjected to recovery of excess payments made due to erroneous salary fixation, considering hardship and the nature of undertaken indemnity bonds.
Recovery of excess payments from retired employees is impermissible, considering hardships and the principles established in relevant precedents.
Recoveries from retired employees for excess payments are generally impermissible, especially where undue hardship is evident, as established by prior judgments.
Recovery from retired employees for excess payments is impermissible, especially regarding interest, as it imposes undue hardship and lacks lawful justification when errors are not the employees' res....
Recovery of excess payments from retired employees is impermissible due to hardship, and cannot be enforced when the employee is not responsible for erroneous salary fixation.
Recovery of excess payments from retired employees is impermissible under certain conditions, particularly relating to Class III and IV service classifications and time limits for recovery.
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