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2018 Supreme(MP) 794

SANJAY YADAV, VIVEK AGRAWAL
Baijantee Devi – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
Ms. Smriti Sharma for appellant; Harish Dixit, Government Advocate for respondent/State.

ORDER

1. This writ appeal has been filed by the appellant/petitioner being aggrieved by order dated 6.12.2018 passed by the learned Single Judge in W.P. No. 6835/2014, vide which appellant's claim for not making any recovery from the amount of gratuity payable to her on death of her husband, has been turned down by the learned Single Judge on the ground that appellant's husband was a Class-II employee and, therefore, protection extended to the employees belonging to Class-III and Class-IV group in the case of State of Punjab and ors. v. Rafiq Masih, as reported in (2015) 4 SCC 334 is not available.

2. Learned counsel for the appellant/petitioner submits that recovery has been made under two heads. An amount of Rs. 1,18,400/- is recovered on account of certain advances, which were credited in the account of her husband during his life time and for which adjustment vouchers could not be filed by her husband before his death. It is also submitted that further a sum of Rs. 72,894/- is recovered on account of excess payment made to the husband of the appellant while he was in service due to erroneous pay fixation alongwith interest on the principal amount of Rs. 65,084/-.

3. Learned counse











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