Om Prakash Mishra vs The State Of Madhya Pradesh
2021 Latest Caselaw 4792 MP

                                     1                               WP-5782-2020
           The High Court Of Madhya Pradesh
                      WP-5782-2020
    (OM PRAKASH MISHRA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 27-08-2021
          Heard through Video Conferencing.

          Shri Pushpraj Singh Geharwar, learned counsel for the petitioner.
          Shri Shahrukh Riaz, learned Panel Lawyer for the respondent/State.

The petitioner has challenged the impugned order dated 18.02.2020 whereby an order of recovery has been passed against the petitioners and

they have been directed to deposit the recovery amount through challan in the office.

Learned counsel for the petitioner submits that the case of the petitioner is covered by the judgment of the Full Bench in the case of Manoj Kumar Purohit and other Vs. State of M.P and others, 2016 (1) MPLJ 449 where it has been held that the employees are entitled to increment from the date of qualifying the typing examination and date of increment cannot be deferred for one year. He further relies on an order dated 19.02.2018 passed by the Division Bench of this Court in W.A.No.37/2018. Learned counsel for

the petitioner further submits that the present petition may be disposed of with a direction to the respondent no.3 to consider and decide the representation of the petitioner in the light of the judgment passed by the Full Bench and order dated 19.02.2018 passed in W.A.No.37/2018.

Learned Panel Lawyer for the respondent/State submits that the claim of the petitioner has to be examined by the competent authority.

In view of the aforesaid, the present petition is disposed of by granting liberty to the petitioner to submit a representation to the respondent no.3 within a period of three weeks from today and if such a representation is submitted to the said authority within the aforesaid period, the same shall be considered and decided by the respondent no.3 in accordance with law keeping in view the judgment passed by the Full Bench in the case of Manoj Kumar Purohit and order dated 19.02.2018 passed in W.A.No.37/2018 2 WP-5782-2020 within a period of two months from the date of communication of the order.

It is made clear that this Court has not expressed any opinion on merits of the case.

(VIJAY KUMAR SHUKLA) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2021.08.27 16:29:03 IST