ORDER
By this petition under Article 226 of the Constitution of India petitioners are aggrieved by the illegal and arbitrary for recovery of arrears from each petitioner.
Counsel for the petitioner has submitted that the matter is entirely covered by the judgment delivered by this Court in the case of Rajesh Gupta v. State of M.P in W.P No. 9478/2009 (S). Counsel submitted this Court has held as follows:
6. Keeping in view the aforesaid judgment delivered by the Division Bench of this Court, the petitioners are certainly not at all entitled for grant of increments on completion of one year probation. However, keeping in view the order passed by the Division Bench of this Court, the recovery proceedings initiated by the respondents are set aside and the amount, if any, recovered from the petitioners be refunded to the petitioners within a period of 90 days from the date of receipt of certified copy of this order.”
Counsel further submitted that several identical petitions have been decided by this Court and the only relief they seek is that the claim of the petitioners be decided within a limited time period.
Counsel for the respondents/State has submitted that the controversy involved in the present case is covered by the order delivered in the case of Rajesh Gupta (supra) and he has not objected to the reasonable prayer made by the Counsel for the petitioner.
In view of the above, without commenting on the merits of the case, the present petition stands disposed of with a direction to the respondents to consider the petitioner's claim, subject to verification, if the petitioners are entitled for the benefit, by passing a reasoned and cogent order in the light of Rajesh Gupta (supra) the same be extended to the petitioners as has been extended in other identical matters. The aforesaid exercise shall be completed within a period of three months from the date of receipt of the certified copy of this order.
With the aforesaid, the petition stands disposed off.
CC as per rules.
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