Mohan Sahu vs The State Of Madhya Pradesh
2021 Latest Caselaw 2569 MP

                                                           1                            WP-8385-2021
                             The High Court Of Madhya Pradesh
                                        WP-8385-2021
                                   (MOHAN SAHU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      1
                      Jabalpur, Dated : 21-06-2021
                            Heard through Video Conferencing.
                            Shri Riyaz Mohammad, learned counsel for the petitioner.
                            Counsel for the petitioner has challenged the order dated 17.3.2021 by
                      which recovery has been imposed against him. It is mentioned in the order
                      that petitioner has refused to accept the promotion, therefore, he is not

                      entitled to get Kramonnati and time scale of pay. He submitted that
                      petitioner's case is squarely covered by judgment reported in MPHT 2010
                      (2) 163-Lokendra Kumar Agrawal Vs. State of M.P. and another . It is
                      submitted by him that if a person does not accept the promotion then benefit
                      of Kramonnati may not be denied to him and recovery may not be made.
                            Counsel for the State prays for short time to file reply.
                            Counsel for the petitioner prays for stay over the order dated 17.3.2021
                      contained in Annexure P/2.
                            Counsel for the State submitted that recovery has already been made

                      and petitioner has made a prayer to refund the entire amount which has been
                      recovered from him.
                            Counsel for the petitioner submitted that there is typographical mistake
                      in typing the prayer clause. He will file an application for proposed
                      amendment.
                            In view of the aforesaid, let notice be issued to the respondents on

payment of process fee within seven days.

It is directed that if amount has already not been recovered from the petitioner then recovery of said amount may not be made as per order dated 17.3.2021.

Certified copy as per rules.

Signature
 SAN      Not
Verified                                                                      (VISHAL DHAGAT)

Digitally signed by ARVIND KUMAR DUBEY Date: 2021.06.22 11:17:47 IST 2 WP-8385-2021 JUDGE DUBEY

Signature SAN Not Verified

Digitally signed by ARVIND KUMAR DUBEY Date: 2021.06.22 11:17:47 IST