Madhya Pradesh High Court
Sagar Singh Sen vs The State Of Madhya Pradesh on 6 August, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
W.P.No.10540/2020
(Sagar Singh Sen and others Vs. State of M.P. and others )
Gwalior, Dated:-6/8/2020
Shri Anil Sharma, learned counsel for the petitioners.
Shri Ankur Mody, learned Additional Advocate General for the
respondents/State.
In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this petition has been taken up for hearing through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
Heard on admission.
Issue notice to the respondents on payment of process fee through Registered A.D. as well as Ordinary mode within seven working days.
Heard on the question of interim relief. It is argued that in pursuance to the orders dated 8.1.2004 and 13.1.2006 passed in W.P.No.19/2004 and W.P.No.1835/2005 Annexure P/5 and P/6 in the present petition the increments were granted to the petitioners. Now the impugned order has been passed for recovery of the aforesaid increments extended to the petitioners. It is submitted that the petitioners are Class III employees working as 2 THE HIGH COURT OF MADHYA PRADESH W.P.No.10540/2020 (Sagar Singh Sen and others Vs. State of M.P. and others ) Assistant Teachers and in view of the judgment passed by the Hon'ble Supreme Court in the case of State of Punjab Vs. Rafiq Masih (white washers) 2015(4) SCC 334 no recovery can be made from the petitioners.
Considering the aforesaid the effect and operation of the impugned order is directed to be stayed till the next date of hearing.
List in the week commencing 7th September, 2020. E-copy of this order be provided to the petitioners. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
(Vishal Mishra) Judge Pawar* ASHISH PAWAR 2020.08.06 17:13:28 +05'30'