Rajesh Kumar Srivastava vs The State Of Jharkhand & Others
2024 Latest Caselaw 1241 Jhar

Jharkhand High Court

Rajesh Kumar Srivastava vs The State Of Jharkhand & Others on 7 February, 2024

Author: Anubha Rawat Choudhary

Bench: Anubha Rawat Choudhary

              IN THE HIGH COURT OF JHARKHAND AT RANCHI

                            W.P. (S) No. 305 of 2023

Rajesh Kumar Srivastava                                    ...      ...      Petitioner
                                        Versus
The State of Jharkhand & Others                            ...      ...     Respondents

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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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05/7th February 2024

1. Learned counsel for the parties are present.

2. Learned counsel for the petitioner is heavily relied upon the judgment passed by the Hon'ble Supreme Court in the case of State of Punjab vs. Rafiq Masih reported in (2015) 4 SCC 334.

3. On the other hand, the learned counsel for the respondents has submitted that the said judgment has been subsequently distinguished in the Hon'ble passed by the Hon'ble Supreme Court in the case of High Court of Punjab and Haryana & Others vs. Jagdev Singh reported in (2016) 14 SCC 267 and the undertaking given by the employee at the time of grant of any benefit is binding on the employee and it is not open to the petitioner to contend that the recovery of any amount which has been wrongly granted to the petitioner cannot be made. He has also submitted that the petitioner belongs to Group B which is under Class-II post and the judgment passed in the case of Rafiq Masih (supra) was primarily relating to Class-III and IV and otherwise also the judgment of Rafiq Masih (supra) will not apply to the present case.

4. To this, the learned counsel for the petitioner on instructions from his client has submitted that the petitioner was working under Class-III category and not Class-II.

5. Since there is a dispute in connection with the status of the petitioner which has a bearing in the present case, the aforesaid instructions which has been given by the petitioner to the counsel be placed on record by filing an affidavit.

6. The respondents shall also file an affidavit with regard to the status of the petitioner.

7. The needful be done by 12.02.2024.

8. Post this case on 13.02.2024.

(Anubha Rawat Choudhary, J.) Mukul