MANOJ SHARMA Vs. STATE OF M. P.

JUDGEMENT

(1.) PROLOGUE : The present intra court appeal filed u/S.2(i) of M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the final order dtd. 22/2/2021 passed in WP 11449/2021 by the learned Single Judge while exercising writ jurisdiction of this Court u/Art. 226 of the Constitution dismissing the petition in question by which challenge was made to the order dtd. 28/7/2020 by which the employer directed recovery of an amount of Rs.1,07,913.00 (the principal amount of excess payment of Rs.57,419.00 + interest of Rs.50,494.00 over the principal amount), which has been paid in excess during the period from July, 2009 to July 2018 to petitioner/a Vanrakshak (Class III emoployee) when wrong fixation was made of increment in 2011 and also due to wrong fixation of pay in 2017.

(2.) Learned counsel for petitioner/appellant submits by relying upon the decision of the Apex Court in the case of State of Punjab and ors. Vs. Rafiq Masih (White Washer) etc. (2015) 4 SCC 334 that the case of petitioner, who is a serving Class III employee, is covered by the ratio laid down in the said Apex Court decision in Para 18, which is reproduced below for ready reference and convenience:-

(3.) In the instant case, it is not disputed that petitioner/appellant is a Class III employee and continues to be in service and therefore, her case as per learned counsel for petitioner/appellant falls in the cases of recovery from employees belonging to Class III and Class IV category.