BHANGU RAM Vs. SAVITA SHARMA

JUDGEMENT

(1.) The genesis of the instant petition is CWP No. 4765/2014, titled as Sita Ram & anr. vs. State of H.P. & ors., which was decided by learned Single Judge of this Court vide judgment dated 26.5.2015, whereby the order of recovery dated 13.8.2013, that was ordered to be effected against the petitioners therein, was ordered to be quashed and the respondents were further restrained for effecting recovery from the petitioners.

(2.) This judgment was assailed before the learned Division Bench of this Court in LPA No. 69/2017, titled as State of H.P. & ors. vs. Sita Ram & another, however the learned Division Bench, vide its judgment dated 26.7.2017, dismissed the appeal by specifically observing that "since the employees were categorized in Class-IV services, therefore, it was iniquitous, harsh and arbitrary to effect recovery to such an extent that it would far overweigh the equitable balance of the employer's right of recovery".

(3.) As regards the petitioner herein, aggrieved by the order of recovery, that was being effected, approached the erstwhile Tribunal by filing O.A. No. 5731/2018, which was disposed of in terms of the judgment rendered in LPA No. 69/2017 (supra) with direction to the respondents/competent authority that in case the petitioner is found to be similarly situated as the respondents in LPA No. 69/2017 and further if the judgment in the LPA has attained finality, then similar benefits along with consequential benefits be paid to the petitioner within a period of one month.