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Supreme Court - Daily Orders

Madhu Soodan Pasi vs Union Of India on 4 September, 2017

Bench: Arun Mishra, Mohan M. Shantanagoudar

     ITEM NO.23                              COURT NO.10                    SECTION

                                 S U P R E M E C O U R T O F           I N D I A
                                         RECORD OF PROCEEDINGS

     Petition for special leave to appeal (C)No............/2017
                                       (Diary No(s).22498/2017)

     (Arising out of impugned final judgment and order dated 12-01-2017
     in WP No.12501/2016 passed by the High Court Of M.P. At Jabalpur)

     MADHU SOODAN PASI & ORS.                                               Petitioner(s)

                                                    VERSUS

     UNION OF INDIA & ORS.                              Respondent(s)
     (With appln.(s) for c/delay in filing SLP and exemption
     from filing O.T.)

     Date : 04-09-2017 This petition was called on for hearing today.

     CORAM :
                           HON'BLE MR. JUSTICE ARUN MISHRA
                           HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

     For Petitioner(s)                 Ms. Jennifer John,Adv.
                                       Mr. Sanjay K. Agrawal,AOR

     For Respondent(s)

                            UPON hearing the counsel the Court made the following
                                               O R D E R

It is submitted that the order, under which the salary was given, was not questioned by the Union of India and that has attained finality. Now recovery has been ordered, in view of the decision of this Court in Union of India & Anr. Vs. T.V.L.N. Mallikarjuna Rao, (2015) 3 SCC 653, which can be applied prospectively.

Delay condoned.

Issue notice.

Recovery of amount paid to petitioner shall remain stayed till the next date of hearing.

Signature Not Verified

Digitally signed by
SARITA PUROHIT
Date: 2017.09.05
17:36:32 IST
Reason:


                      (Sarita purohit)                        (Tapan Kumar Chakraborty)
                        Court Master                               Branch Officer


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