Vijay Bahadur Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 7426 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                 WP No. 11872 of 2022
                                          (VIJAY BAHADUR SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                     Dated : 19-05-2022
                                           Shri A.K.Pathak, learned counsel for the petitioners.

                                           Shri    Girish   Kekre,     learned   Government      Advocate      for     the
                                     respondents/State.

Issue notices to the respondents on payment of process fee within seven working days by RAD mode, failing which this petition shall stand dismissed without further reference to this Court.

Heard on the question of interim relief.

It is submitted that the petitioners have been granted the status of the classified employee in pursuance to policy dated 07.10.2016 and was declared as permanent employee in skilled category in the year 2016 itself and after a lapse of six years, the order impugned has been passed whereby, without there being justification, the pay scale has been changed and the recovery order has been passed. It is submitted that no opportunity of hearing was provided to the petitioners prior to passing of the impugned order. Even otherwise, in terms of the judgment passed by the Hon'ble Supreme Court in the case of Thomas

Daniel Vs. State of Kerala reported in 2022 LiveLaw (SC 438) in Civil Appeal No.7115/2010 wherein, it is considered that in case there is no misrepresentation by the employee then there was no reason for an employer to make recovery from the benefit which has already been extended to the petitioners. It is argued that the petitioners have never applied or represented Signature Not Verified SAN before the competent authorities.

Digitally signed by SHALINI LANDGE Date: 2022.05.20 10:58:18 IST Considering the overall facts and circumstances of the case, the effect

and operation of the orders impugned dated 29.04.2022 and 06.05.2022 are stayed till the next date of hearing.

List the matter in the week commencing 20.06.2022. Certified copy as per rules.

(VISHAL MISHRA) V. JUDGE

Sha

Signature Not Verified SAN

Digitally signed by SHALINI LANDGE Date: 2022.05.20 10:58:18 IST