Madhya Pradesh High Court
WP/20731/2020 of DHARMENDRA BHATT Vs PUBLIC HEALTH AND FAMILY WELFARE DEPARTMNER on 31 December 2020
MADHYA PRADESH :INDORE BENCH W.P. No.20731/2020 (Dharmendra Bhatt Vs. State of
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Arguments
Indore dated :31.12.2020
Shri Praveen Kumar Bhatt, learned counsel for thepetitioner.
Shri V.K. Nagpal, learned counsel for the State, onadvance notice.
Heard through video conferencing.
The petitioner, who is working as Lab Technician haschallenged the order dated 19/07/2020 (Annexure-P/1)whereby the recovery has been directed on the ground ofwrong pay fixation.
Submission of the learned counsel for the petitioner isthat in terms of the Circular dated 20[th]August2009(Annexure-P/2) the pay which was fixed earlier wascorrect, therefore, the respondents are not justified inchanging the pay scale of the petitioner and directingrecovery without affording any opportunity of hearing to thepetitioner.
Learned counsel for the State submits that if thepetitioner files a detailed representation then the CompetentAuthority will look into the grievance of the petitioner within atime bound period.
Having regard to the aforesaid, the present petition isdisposed of by permitting the petitioner to file a detailedcomprehensive representation before the respondent No.2. Ifsuch a representation is filed by the petitioner within a periodof 10 days from today, the same will be considered anddecided by the respondent No.2 within a period of four HIGH COURT OF MADHYA PRADESH :INDORE BENCH
W.P. No.20731/2020(Dharmendra Bhatt Vs. State of M.P. & Ors.)
weeks from the date of its receipt. It is made clear that anyrecovery made in the meanwhile in pursuance to theimpugned order will be subject to the outcome of the saidrepresentation of the petitioner.
The petition is, accordingly, disposed of.
(Prakash Shrivastava)Vacation Judge
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Digitally signed by Preetha Nair Date: 2020.12.31 16:26:46 +05'30'