Premnarayan Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 3543 MP

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                                                                W.P. 12050/2021




      THE HIGH COURT OF MADHYA PRADESH

                            WP-12050-2021
         (PREMNARAYAN YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)




Jabalpur, Dated : 22/07/2021

Heard through Video Conferencing.


      Mr. Manoj Kumar Chansauriya, learned counsel for the petitioner.

      Ms. Swati George, learned P.L. for the respondent/ State.

The petitioner has called in question the order dated 3.9.2020 and

11.05.2021 by which recovery of an amount of Rs.3,16,058 is ordered by

Additional Superintendent of Police, Sehore against the petitioner. Recovery

was ordered against him as benefit of second time scale was given to the

petitioner vide order dated 1.11.2013 from 01.04.2006. As petitioner was

promoted to post of A.S.I., therefore, he was found not eligible for grant of

second time scale of pay and recovery was ordered against him.

Learned counsel for petitioner relied on Circular dated 02/03/12 which

entitles him benefits of time scale of pay despite promotion on post of A.S.I.

and also relied on order dated 31.07.15 passed in W.P.No. 13556/14 and

judgment passed by Apex Court in Civil Appeal No. 11527/2014 (State of

Punjab Vs. Rafiq Masih).

Issue notice to respondents by both modes on payment of P.F. within

seven days.

W.P. 12050/2021

In view of aforesaid submissions, impugned orders dated 9.7.2020 and

03.09.2020 are stayed till the next date of hearing.

List after service of notice.

(VISHAL DHAGAT) JUDGE

Vikram

VIKRAM SINGH 2021.07.27 16:32:01 +05'30'