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Judgment
Vijay Kumar Shukla, J
Heard on I.A.No. 1503/2026 which is application for condonation of delay.
For the reasons stated in the application supported by an affidavit, I.A. is allowed and delay in filing the appeal is condoned.
The present intra court appeal under section 2(1) of M.P. Uchha Nyayalaya (Khand) Nyaypith Ko Appeal Adhiniyam is filed being aggrieved by the order dated 6.3.2025 passed in W.P.No. 8381/2025 whereby the impugned recovery from October, 2015 to October, 2024 has been quashed and learned Single Judge has directed for refund of the recovered amount along with interest @ 6% per annum.
Counsel for the appellant/State argued that issue before the learned Single Judge was regarding recovery of amount on the ground of wrong pay fixation. By the impugned order, the recovery was quashed, however learned Single Judge also held that pay fixation of the petitioner is maintained. He argued that said issue regarding entitlement of the payscale was not before the learned Single Judge.
The aforesaid contention is not disputed by the counsel for the respondent/writ petitioner.
In view of aforesaid, part of order passed by the learned Single whereby it was directed that pay fixation of the petitioner is 'however, maintained' is hereby quashed. However, liberty is granted to the respondent/writ petitioner to raise the said issue, if so advised. The other part of the order shall remain intact.
With the aforesaid, Writ Appeal stands disposed off.