Chattisgarh High Court
Gopal Prasad Naik vs State Of Chhattisgarh on 15 February, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 1356 of 2023
• Gopal Prasad Naik S/o Girdhari Lal Naik, Aged About 56 Years R/o Indraprasth Colony
Janjgir, District : Janjgir-Champa, Chhattisgarh
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Technical Education Department, Mantralaya
Indrawati Bhawan, Naya Raipur, Raipur, Chhattisgarh.
2. Director, Technical Education Department Mantralay Indrawati Bhawan, Naya Raipur,
Raipur Chhattisgarh.
---- Respondents
15.02.2022 Mr. Mateen Siddiqui, Advocate for petitioner.
Ms. Hamida Siddiqui, Dy. Advocate General for Respondents-State. Heard.
Issue notice to Respondents.
Ms. Hamida Siddiqui, learned State counsel accepts notice on behalf of Respondents, hence, PF is not required to be paid. She prays for and is granted 03 weeks' time to file reply.
Also heard on I.A. No. 01/2023, which is an application for grant of interim relief/ stay.
Learned counsel for petitioner submits that petitioner was granted benefit of two increments on account of having higher qualification of Post Graduate since the year 2006, however, vide order dated 21.12.2022, Annexure P-1, the additional increment as awarded to petitioner was withdrawn and at the same time has also directed for recovery of the excess 2 payment made to petitioner. He submits that in view the dictum of Hon'ble Supreme Court in State of Punjab v. Rafiq Masih reported in (2015) 4 SCC 334, recovery of amount is not permissible.
Considering the submission of learned counsel for petitioner, purely as an interim measure, it is directed that no recovery shall be made from the petitioner pursuant to the order Annexure P-1 dated 21.12.2022 till the next date of hearing.
List this case in week commencing from 27th March 2023. C.C. as per rules.
Sd/-
(Parth Prateem Sahu) Judge Pawan