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2021 Supreme(MP) 765

SHEEL NAGU, DEEPAK KUMAR AGARWAL
MANOJ SHARMA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


ORDER SHEEL NAGU, J. : – PROLOGUE The present intra Court appeal filed under section 2(i) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the final order dated 22-2-2021 passed in WP 11449/2021 by the learned Single Judge while exercising writ jurisdiction of this Court under Article 226 of the Constitution dismissing the petition in question by which challenge was made to the order dated 28-7-2020 by which the employer directed recovery of an amount of Rs. 1,07,913/- (the principal amount of excess payment of Rs. 57,419 + interest of Rs. 50,494/- 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 employee) when wrong fixation was made of increment in 2011 and also due to wrong fixation of pay in 2017.

SUBMISSIONS 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 i

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