Sagar Singh Sen vs The State Of Madhya Pradesh on 22 March, 2022
13. So far as the petitioner No.5 Smt. Shashi Kala Tomar is
concerned, her case although appears to be on same footing but she did
not prefer any petition at the relevant point of time when other
6
HIGH COURT OF MADHYA PRADESH
WP.No.10540/2020 (S)
(Sagar Singh Sen and Others Vs. State of M.P. & Others)
petitioners preferred, therefore they are insulated with order passed by
this Court whereas petitioner No.5 is not. Therefore, in the fitness of
things, while keeping the recovery against petitioner No.5 Smt. Shashi
Kala Tomar in abeyance, her matter is remanded back to the
respondents for reconsideration in the light of the benefits granted to
other similarly placed employees. If respondents ultimately come to the
conclusion that her case stands at par with other employees then the
same benefit be given to her. In that condition, it is expected from the
respondents that recovery orders may be recalled. In case, respondents
conclude otherwise then they shall pass a reasoned order indicating the
reasons for rejection of benefit to the petitioner No.5 Smt. Shashi Kala
Tomar and thereafter, they may ensure recovery in accordance with
law.