MALIKRAM JATWAR Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition, the petitioner has prayed for issuance of writ in the nature of certiorari to quash the order dated 6-8-1998 (Annexure A-5), and order dated 28-10-1998 (Annexure A-3) as also order dated 9-8-2004 (Annexure A-7).

(2.) BRIEF resumption of relevant facts necessary for decision of the petition are that the petitioner was initially appointed as Assistant Teacher in the year 1968. After 20 years of his service, the order was issued on 21-12-1988 by which the petitioner was posted as Head Master with stipulation that those teachers who are posted and working before 1-4-1981 would be entitled to pay-scale of Rs.925-1500/- and those who have been posted as Head Master after 1-4-1981, their pay in the pay-scale would be notionally fixed w.e.f. 1-4-1981, but, actual benefits would be available with effect from the date of appointment and no arrears prior to the date of appointment would be admissible. After having been appointed and posted as Head Master, the petitioner started drawing salary in the pay-scale of Rs. 925-1500/- w.e.f. the date of his appointment, i.e., 20th January, 1989. After about 5 years, another order was issued on 16-9-1994 (Annexure A-3) by which teachers who were posted and working as Head Master prior to 1-4-1981 were declared as having been appointed as Head Master, Middle School. Those teachers who were held entitled to hold to the post of Head Master w.e.f. 1-4-1981 on the basis of their seniority were also included for such benefit, but it was stipulated that remaining Head Master would not be entitled to the pay-scale of Head Master w.e.f. 1-4-1981, but they will be entitled to pay-scale of Rs. 740/- to Rs. 1180/- w.e.f. 1-4-1981. As the order dated 16-9-1999 did not include the name of the petitioner, an order was passed on 6-8-1998 by the Dy Commissioner, Tribal Department that the petitioner would be entitled to fixation of pay of the post of Head Master only from the date of his joining,i. e., 20th January, 1989. In compliance of this order, impugned order dated 28-10-1998 was passed by the Principal, altering pay scale on the post of Head Master w.e.f. 20th January, 1989 and directing recovery of ? 74,458/- in thirty installments.

(3.) ANOTHER important event took place during the pendency of this petition, after petitioner retired from service on 31-5-2004. The Joint Director, Pension issued a direction holding that the petitioner was entitled to the pay-scale of the post of Head Master only from 1-4-1997 and not from 20th January, 1989. Therefore, he proposed a further recovery of Rs. 49,127/- paid in excess during the period from 20th January, 1989 to 31st March, 1997. In this manner, another sum of Rs. 49,127/- was recovered. Order dated 9-8-2004 (Annexure A-7) is, therefore, also impugned in this writ petition.