5/29/22, 5:51 PM SURESH CHANDRA SHARMA Vs.

STATE OF MP & OTHERS

SURESH CHANDRA SHARMA Vs. STATE OF MP & OTHERS

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LAWS(MPH)-2016-9-119
HIGH COURT OF MADHYA PRADESH
Decided on
September 14,2016

SURESH CHANDRA SHARMA Appellant

VERSUS
State Of MP And Others Respondents

JUDGEMENT
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(1.) By filing this petition under Article 226/ 227 of the Constitution of India, the petitioner
has challenged the order dated 22/12/2009 (Annexure P-1) passed by respondent No.3
whereby recovery from the salary of the petitioner has been initiated on the basis of
endorsement made by respondent No.4 in the service book of the petitioner.

(2.) Brief facts are necessary of this petition are as under :- The petitioner was initially
appointed as a Science Teacher on 11/09/1980 and thereafter he was selected as Upper
Division Teacher in the year 1987. Thereafter, the petitioner was granted higher pay scale
(5500-175-9000) vide order dated 09/01/2002 as per the recommendation of 5th pay
Commission. Accordingly, the pay scale was fixed at Rs. 6725 vide order dated 28/02/2002.
The petitioner was promoted as Lecturer from the Post of UDT in the same pay scale vide order
dated 23/12/2003. In the year 2009, the respondents announced 6th Pay Commission for all
the State Government employees and while fixing the salary of the petitioner made entry in the
service book of the petitioner and it was ordered that after adjusting the salary recovery be
effected. Consequently, in view of the entry made in the service book recovery was started
from the salary of the petitioner. The contention of the petitioner is that before the order of
recovery neither liberty was granted nor show cause notice was issued and therefore the
recovery could not have been ordered.

(3.) On the other hand learned counsel for the respondents has filed their return and submitted
that the aforesaid recovery has been issued due to excess payment made to the petitioner on
account of erroneous fixation of the salary at the time of grant of higher pay scale on account
of completing 12 years service as on 12/01/1995 in the pay scale (5500-175-9000). It is
further submitted that when the mistake came into notice of the respondents thereafter the
same has been rectified and (Annexure P-1) has been rightly passed and as such recovery has
been rightly ordered on account of excess payment made to the petitioner.;

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