eng
competition

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As on HIGH COURT Typing Matter ENGLISH.

created Jun 21st 2021, 16:02 by


4


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451 words
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Petitioner has filed the present petition being aggrieved by the order dated 09.06.2020 passed by the respondent No.4 for recovery of interest of Rs.48,760/- from the period 06/2011 to 05/2020 @ 12% pa (Compound interest). That the State Govt. had sanctioned ad-hoc increment of Rs.70/- per month to the non-ministerial staff of the Police department. As per rule 7(i)(b)(iv) of the M.P Pay Revision Rule of 1983 the ministerial staff of the police department was not entitled to get the said ad-hoc increment of Rs.70/-. The ministerial staff of the Police department approached the State Administrative Tribunal to claim the aforesaid benefit. After the abolition of the Tribunal, the Original Application (OA) was transferred to the High Court and re-registered as W.P.No. 3495/2001. Vide order dated 20.02.2004 this Court held that the ministerial staff of the Police department is not entitled to the ad-hoc increment of Rs.70/- and upheld the recovery from those employees who have wrongly been paid. Thereafter, a Civil Appeal No.9888-9899 of 2018 came up for consideration before the Apex Court and vide order dated 25.09.2018 the Apex Court has upheld the order of the High Court which resulted in the confirmation of the recovery of the amount already paid. In pursuant to the aforesaid order, the respondents have calculated the amount recoverable from the petitioner and accordingly recovered it by way of installments. The petitioner did not protest the said recovery and paid the entire amount to the State Government by way of installments.  
Now vide order dated 09.06.2020 the respondents have decided to recover interest at the rate of 12% p.a. on the principal amount from the period 06/2011 to 05/2020, hence the present petitions before this Court. After notice, respondents have filed the return by submitting that once the Apex Court has held that the ad-hoc increment of Rs.70/- was wrongly paid to the petitioner and the recovery is justified then in the light of the Circular dated 31.05.2011 the interest at the rate of 12% is liable to be recovered. The petitioner has not challenged the validity of the Circular dated 31.05.2011, therefore, the writ petition is liable to be dismissed. The issue in respect of entitlement to get ad-hoc increment of Rs.70/- is no more res Integra. Even the petitioner is not challenging the recovery of the principal amount paid as an ad-hoc increment @ Rs.70/-. The petitioner is aggrieved by the recovery of the interest part. According to the petitioner, because of the wrong interpretation, by the Department, the benefit of ad-hoc increment of Rs.70/- was passed on to the petitioner from 11/1983 to 12/2005. There is no allegation against the petitioner that he/she had ever misrepresented to get the said benefit.

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