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NEUTRAL CITATION NO. 2026:MPHC-GWL:4737

1 WP-408-2015

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT

th

ON THE 5 OF FEBRUARY, 2026

WRIT PETITION No. 408 of 2015

MAHENDRA SINGH KAURAV

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Ms. Priya Rathore - Advocate for the petitioner.

Shri Sohit Mishra - Government Advocate for the respondents/State.

Shri Shashank Indapurkar - Advocate for respondent No.4.

ORDER

This petition, under Article 226 of the Constitution of India, has been filed

seeking the following reliefs:-

"(अ) (cid:2)ितयािचकाकताग(cid:9) ण(cid:12) आदेिशत / िनद(cid:18)िशत (cid:19)कया जावे (cid:19)क

(cid:2)ितयािचकाकता(cid:9) के (cid:22)ारा जार(cid:24) (cid:19)कये गये आदेश (cid:19)दनांक 29.10.2014 (पी-1)

एवं 29.12.2014 (पी-2) जो (cid:19)क िनयमानसु ार ना होकर (cid:34)विध (cid:34)व(cid:36)(cid:37) है।

(ब) (cid:2)ितयािचकाकताग(cid:9) ण(cid:12) को आदेिशत (cid:19)कया जावे (cid:19)क शासन (cid:22)ारा जार(cid:24)

आदेश / पॉिलसी (cid:19)दनांक 24.09.2003 के (cid:34)व(cid:43)(cid:37) (cid:19)कये गये आदेश को िनर(cid:44)त

(cid:19)कया जावे।

(स) अ(cid:45)य कोई आदेश / िनद(cid:18)श माननीय (cid:45)यायालय जो उिचत समझे जार(cid:24)

(cid:19)कया जावे।"

2. Learned counsel for the petitioner submits that by the impugned orders

dated 29.10.2014 and 29.12.2014, the benefit of two advance increments granted

to the petitioner on account of holding a Presidential Award has been cancelled,

and a request has been made to the Collector, District Bhind, to recover the excess

payment made to the petitioner on account of the said advance increments. In

Signature Not Verified

Signed by: MONIKA

SHARMA

Signing time: 2/9/2026

5:53:11 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4737

2 WP-408-2015

compliance with the said order, the Chief Municipal Officer, Municipal Council,

Daboh, District Bhind, has passed an order cancelling the said benefit. It is further

submitted that the impugned order has been issued by the respondent without

affording any opportunity of being heard to the petitioner and without issuing any

show-cause notice, thereby violating the principles of natural justice. Since the

impugned order entails civil consequences, providing an opportunity of hearing

was mandatory. Further, the excess payment made to the petitioner was not on

account of any misrepresentation or fraud on his part; rather, the excess payment

occurred due to a mistake on the part of the respondents.

3 . Per contra, learned counsel for the respondent/State supported the

impugned order and opposed the prayer made by learned counsel for the

petitioner.

4. Heard learned counsel for the parties and perused the record.

5. This Court in a catena of decisions has consistently held that if the excess

amount was not paid on account of any misrepresentation or fraud of the

employee or if such excess payment was made by the employer by applying a

wrong principle for calculating the pay/allowance or on the basis of a particular

interpretation of rule/order which is subsequently found to be erroneous, such

excess payment of emoluments or allowances are not recoverable. This relief

against the recovery is granted not because of any right of the employees but in

equity, exercising judicial discretion to provide relief to the employees from the

hardship that will be caused if the recovery is ordered. This Court has further held

that if in a given case, it is proved that an employee had knowledge that the

payment received was in excess of what was due or wrongly paid, or in cases

where error is detected or corrected within a short time of wrong payment, the

matter being in the realm of judicial discretion, the courts may on the facts and

Signature Not Verified

Signed by: MONIKA

SHARMA

Signing time: 2/9/2026

5:53:11 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4737

3 WP-408-2015

circumstances of any particular case order for recovery of amount paid in excess.

6. In Sahib Ram v. State of Haryana and Others this Court restrained

recovery of payment which was given under the upgraded pay scale on account o