K.K.GADGEY Vs. DEPARTMENT OF TECHNICAL EDUCATION

JUDGEMENT

(1.) This order shall also govern the disposal of W.P. No.19337 of 2022 as in both the petitions, identical orders dtd. 5/8/2022 and 17/8/2022 have been challenged. Vide order dtd. 5/8/2022, C.G. PRAKOLYA, the respondent No.4, has withdrawn the salary, increments and all the other benefits accrued to the petitioner during his study leave period of two years, and vide order dtd. 17/8/2022, recovery order of a sum of Rs.20,63,593.00 has been issued.

(2.) For the sake of convenience, the facts as narrated in W.P. No.19334/2022 are being taken into consideration.

(3.) The case of the petitioner is that he was posted as Head of the Department, Mechanical Engineering, Government Polytechnic College, Sanawad and had obtained study leave from the respondent No.3 Collector who is also the Chairman of the governing body of Government Polytechnic College, Sanawad and respondent No.4 Principal, Government Polytechnic College, Sanawad, District Khargone, who are the competent authorities, vide order dtd. 29/12/2015 and 14/1/2016 respectively. Subsequently, after completion of his Ph.D., he gave his joining on 15/1/2018. However, the in-charge Principal of the said college, the respondent no.4 herein, withdrew the benefits accrued to the petitioner during his study leave period vide impugned order dtd. 5/8/2022 and subsequently, a recovery order was also passed.