Pallavi Bhayal vs Union Of India Through Chief Secretary
2024 Latest Caselaw 21286 MP

Madhya Pradesh High Court

Pallavi Bhayal vs Union Of India Through Chief Secretary on 6 August, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1                           WP-15453-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                  ON THE 6 th OF AUGUST, 2024
                                                WRIT PETITION No. 15453 of 2024
                                         PALLAVI BHAYAL AND OTHERS
                                                   Versus
                             UNION OF INDIA THROUGH CHIEF SECRETARY AND OTHERS
                           Appearance:
                                   Ms.Akhila Marina Jose - Advocate on behalf of Shri Rishi Shrivastava

                           - Advocate for petitioners.
                                   Shri Kushal Goyal - Dy.AG for State.

                                                               ORDER

The petitioners filed the present petition being aggrieved by the action of the respondent No.6 in arbitrarily deducting salary payable to the petitioners on the pretext of lock down. The aforesaid action is contrary to the guidelines issued by the Union of India and State government wherein specifically all the commercial establishments as well as schools were directed to make full payment of salary to the employees without any

deduction. It is further argued that the aforesaid direction is contrary to the order dated 4.11.2020 passed by the Principal Bench in WP No.8025/2020. The petitioner is further relying on the order passed by the co-ordinate bench in WP No.1165/2021 Vinita Nair & Ors. Vs. State of MP & Ors decided on 6.2.2024.

Considering the grievance of the petitioners, the present petition is

2 WP-15453-2024 disposed off with liberty to the petitioners to file a detailed and comprehensive representation along with copy of the orders passed by this court in the case of Vinita Nair (supra) within a period of four weeks from today and if such representation is filed within the said period, the respondent No.5 shall consider and decide the representation of the petitioner in the light of para 10 of the judgment passed in the case of Vinita Nair (supra) within a period of two months from the date of receipt of representation. In case if the respondent No.5 finds that petitioners are not entitled for the said claim he shall pass a reasoned and speaking order.

With the aforesaid, petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

VM