The State Of Madhya Pradesh vs Dr. Harendra Nath Mishra
2021 Latest Caselaw 1334 MP

                                     1                                  WA-34-2021
          The High Court Of Madhya Pradesh
                      WA-34-2021
         (THE STATE OF MADHYA PRADESH AND OTHERS Vs DR. HARENDRA NATH MISHRA)

3
Jabalpur, Dated : 06-04-2021
         Shri B.D.Singh, learned Govt. Advocate for the appellants/State.
         Shri A.P.Shroti, learned counsel for the respondent.

Learned Govt. Advocate for the appellants states that the benefit of circular dated 26.08.2008 in any case has been granted to the respondent.

Learned Govt. Advocate for the appellants/State relied upon the

Division Bench judgment of this Court passed in W.A.No.1721/2018 (State of Madhya Pradesh and others Vs. Dr. M.K.Khare) which was disposed of by order dated 10.02.2020 relying upon the Division Bench judgment of this Court in W.A.No.1073/2018 decided on 11.10.2018 and order dated 23.01.2020 passed in W.A.No.47/2019 and submitted that the issue raised in the present case is covered against the respondent by the aforesaid Division Bench judgment.

Learned counsel for the respondent has opposed the aforesaid submissions made by the learned counsel for the appellants and submitted

that the Division Bench judgment in W.A.No.1073/2018 is the subject matter before the Supreme Court in Special Leave to Appeal (C) No.2245/2019 wherein by order dated 04.02.2019 leave has been granted and recovery from the effected employee has been stayed.

Having regard to the aforesaid, we are inclined to defer the hearing of this matter till the decision of the aforesaid matter pending in the Supreme Court.

In the meantime, the impugned order shall not be given effect to and no recovery be made from the respondent but the respondent shall be entitled to the benefits flowing from order dated 26.08.2008.

Office is directed to list this writ appeal along with Writ Appeal Nos.1723/2018 and 78/2021.

                                              2             WA-34-2021
                          (MOHAMMAD RAFIQ)       (SANJAY DWIVEDI)
                           CHIEF JUSTICE                 JUDGE
                AM



Digitally signed by ANINDYA
SUNDAR MUKHOPADHYAY
Date: 2021.04.07 12:02:12
+05'30'