CHINTA MANI GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) IN this petition, a question of law involved is whether the employee of the State Government is entitled to benefits of initial pay in the time scale of higher post on being appointed to another post carrying duties and responsibilities of greater importance in accordance with Fundamental Rules (for short, "FR") 22-D of the M.P. Fundamental Rules.

(2.) LEARNED Counsel appearing for the Petitioner submits that the Petitioner, while working as head Master was promoted to the post of Lecturer carrying higher responsibility. He was initially granted benefits under FR 22-D. He retired from service on 31-7-2004 after attaining the age of superannuation. Subsequently, by order dated 31-8-2004 (Annexure P/1) payment of higher post carrying higher responsibility was withdrawn in order to recover the excess payment made to the Petitioner. LEARNED Counsel submits that the FR are made by the Secretary of State in Council under Section 96-B of the Government of India Act, including the orders issued by the Secretary of State, Government of India and Auditor-General and the Supplementary Rules framed by the local Government which are applicable to the service conditions of government employees and have attained the status of rules framed under Article 309 of the Constitution of India. Thus, FR cannot be superceded by any executive instructions.

(3.) I have heard learned Counsel appearing for the parties, perused pleadings and documents appended thereto. Fundamental Rule 22-D reads as under: