Madan vs Narmada Valley Development ...
2023 Latest Caselaw 10672 MP

                                                           1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                ON THE 11 th OF JULY, 2023
                                             WRIT PETITION No. 3540 of 2017

                           BETWEEN:-
                           1.    MADAN    S/O SHRI    KANAYAALAL PATOD
                                 OCCUPATION:    DAILY WAGER   EXECUTIVE
                                 ENGINEER    DIVISION  20, MANDLESHWER,
                                 DISTT.KHARGONE (MADHYA PRADESH)

                           2.    CHAGAN S/O SHRI THANGU OCCUPATION: DAILY
                                 WAGER    EXECUTIVE   ENGINEER,   TEHSIL
                                 GANDHWANI, DISTT DHAR (MADHYA PRADESH)

                                                                                    .....PETITIONERS
                           (BY SHRI MANISH YADAV - ADVOCATE)

                           AND
                           1.    NARMADA       VALLEY     DEVELOPMENT
                                 DEPARTMENT     PRINCIPAL   SECRETARY
                                 MANTRALAYA, VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    CHAIRMEN NARMADA VALLEY DEVELOPMENT
                                 DEPARTM ENT JAIL ROAD, BHOPAL (MADHYA
                                 PRADESH)

                           3.    EXECUTIVE ENGINEER NARMADA VALLEY
                                 DEVELOPMENT   DEPARTMENT DIVISION 20,
                                 MANDLESHWAR DISTT KHAROGNE / DIVISION
                                 NO 30, MANAWAR DISTT DHAR (MADHYA
                                 PRADESH)

                                                                                  .....RESPONDENTS
                           (BY SHRI VIVEK PATVA - ADVOCATE)

                                 This petition coming on for admission this day, the court passed the
                           following:
                                                            ORDER

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 11-07-2023 17:57:39

The petitioners have sought quashment of order whereby the respondent has directed the petitioners to deposit the amount which was paid to them in excess while granting benefits of 5th and 6th pay scale.

2 . Counsel for petitioners submits that the benefit of 5th and 6th pay scale was granted to them as per the order passed by this Court in WP No.5597/2015 and WP No.1556/2016. According to the petitioners, no excess amount has been paid to them, and, therefore, the recovery could not have been made. Counsel for petitioners further submits that recently the division bench of this Court in WA No.1268/2021 State of MP & Ors. Vs. Basant Kumar has decided the issue and held that the employees are entitled for the benefit of 5th

and 6th pay scale from the date of its applicability i.e. 1.1.1996 and 1.1.2006. He has placed copy of the order passed in the case of Basant Kumar (supra).

3. Counsel for respondents does not dispute that the aforesaid issue has been decided by the Division Bench.

4. In view of the judgment passed by the Division Bench in the case of Basant Kumar (supra), the present petition is allowed. The impugned order of recovery is quashed. In case if the amount has already been recovered from the petitioners, the same shall be refunded to the petitioners and the petitioners shall be entitled for all other dues.

5. With the aforesaid, the writ petition is allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 11-07-2023 17:57:39