IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT

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ON THE 10 OF NOVEMBER, 2025 WRIT PETITION No. 23437 of 2024 NARENDRA KUMAR VISHWAKARMA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Sachin Pandey - Advocate for the petitioner.

Shri Anshuman Swamy - G.A.for the respondents/State.

ORDER The present petition has been filed by the petitioner for following reliefs:-

"(1) Call for relevant record pertaining to case of the petitioner for bare perusal of this Hon’ ble Court.

(2) Quash the impugned order of recovery vide order datd 5-08-2024 Annexure P/1, in the interest of justice. Amount of Rs challan 5,78, 272 =00 which has been recovery from salary and remaining amount recover to the petitioner through the challan of the petitioner be refunded to him with interest.

Issue an appropriate writ commanding the respondent department to revise the pension of the petitioner accordingly and pay him all consequential benefits thereof with interest @18%, considering well being of the petitioner, in the interest of justice.

Any other writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation may kindly be awarded in favour of the petitioner.

OR in alternate.

This Hon’ble Court may kindly be pleased to direct the respondent department to decide Identical Case WA-1033 /2017 dated 06-05- 2024 Hon’ble court Decided without opportunity given to the petitioner in the interest of justice.

Para 6.Under these circumstances, .all these writ appeals/petitions are disposed off with a direction to the respondents/State : (i) to consider the writ appeals/petitions as the representations filed on behalf of the petitioners or the appellants, examine their cases in the light of the Full Bench judgment of this Court in the case of Jagdish Prasad Dubey (supra) and take a final decision as to whether any recovery can be made from them in view of the law laid down by the Full Bench decision of this Court;

(ii) The cases in which the recovery has already been effected by the respondents/State, be taken up on priority basis. The State authorities to consider those cases in the light of the Full Bench judgment in the case of Jagdish Prasad Dubey (supra) and pass a final order with respect to the fact that whether any recovery can be effected looking to the facts and circumstances of the respective cases and if the State authorities arrive at a conclusion that no recovery can be made from them, the amount recovered from them be refunded along with interest at the rate of 6% per annum from the date of recovery till the date of realization. The aforesaid exercise be completed within a period of three months from the receipt of a certified copy of this order.

(iii) For the remaining cases wherein there is an interim protection granted by this Court, the respondents/State are directed to complete the exercise of consideration of such cases by 31.12.2024 in the light of the Full Bench judgment of this Court in the case of Jagdish Prasad Dubey (supra) and pass a reasoned order accordingly. If they arrive at the conclusion that no recovery can be made, then fresh order be passed.

(iv) As the maximum cases are pertaining to the retired Government employees, therefore, the respondents/State are directed to revise their pensions in accordance with law and issue fresh PPO within the aforesaid period. Till the entire exercise is completed, the interim relief granted by this Court is extended till 31.12.2024 or till passing of the fresh order by the respondents/State, whichever is earlier.

(v) Some of the appeals/petitions are filed by the State Government, they are at liberty to reconsider the cases of the respondents/employees in those cases in the light of the Full Bench judgment of this Court in the case of Jagdish Prasad Dubey (supra)."

2. It has been submitted by learned counsel for the petitioner that the petitioner stood retired with effect