MP HC | Recovery of interest not justified as benefit of increment was faulty at the part of the department; Court partly allows appeal

Madhya Pradesh High Court: Subodh Abhyankar, J., partly allowed a petition which was filed aggrieved whereby respondent 3 had initiated the recovery of the amount paid in excess.

The petitioner being a non-ministerial employee was given the benefit of increment and the Supreme Court had upheld that amount was wrongly paid to the non-ministerial staff after which State Government had initiated the recovery against all the employees who had been given the said benefit.

Counsel for the petitioner submitted that the petitioner was not challenging the recovery of the principal amount, but he was aggrieved by the recovery of interest as there was no fault on the part of the petitioner to get the increment.

The Court agreed that the Petitioner being the ministerial staff of the police department was not entitled to get the said ad-hoc increment, but the same was given to him along with others by the department itself, hence, recovery of the interest was not justified.

The Court allowed the petition to the extent that recovery of the principal was justified but the recovery of the interest wasn’t thus the part of the order was quashed and further directed that any amount already recovered as interest be returned to the petitioner.[Radheshyam Yadav v. State of M.P., 2021 SCC OnLine MP 2032, decided on 27-10-2021]

Suchita Shukla, Editorial Assistant has reported this brief.

Counsel for the petitioner: Shri L. C. Patne

Counsel for the respondents/State: Shri Aditya Garg

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