LAWS(MPH)-2012-9-380

FAGULAL DAHARIYA Vs. THE STATE OF MADHYA PRADESH

Decided On September 10, 2012
Fagulal Dahariya Appellant
V/S
The State of Madhya Pradesh Respondents

JUDGEMENT

(1.) HEARD on the question of admission and interim relief. Stating that the petitioner is also similarly placed person that of Dharam Pal Chaurasiya and others, who have approached this Court by filing Writ Petition No. 2858/2005 (S), which was disposed of finally vide order dated 23.11.2007 the petitioner is also entitled to be given the benefit of order passed by coordinate bench of this Court at Indore in W.P. No. 6773/2006 (S) (Smt. Prerna W/o Shri Promod Koranne Vs. State of M.P. & others) decided on 26.1.2007, the petitioner has prayed for similar directions.

(2.) IN the cases of various employees, who had retired from service and in whose cases recovery was effected, a Bench of this Court in W.P. No. 2595/2004 had passed an order on 24.03.2005 quashing orders of recovery and directing for refund of the amount already recovered keeping in view the order passed by this Court in the case of Smt. Prerna (supra), so also in W.P. (S) No. 2595/2004.

(3.) WHEN the matter came up for hearing Learned Counsel for the petitioner submitted that this petition may be disposed of directing the respondents to examine the petitioner's claim in the light of the aforesaid directions issued in the case of Smt. Prerna W/o Shri Pramod Vs. State of M.P. and others (supra).