ASHISH KUMAR JHA Vs. STATE OF C.G

JUDGEMENT

(1.) WITH the consent of the parties the matter is heard finally. The Petitioner, who is a Assistant District Public Prosecution Officer, has filed this petition challenging the impugned order dated 9.12.2002 (Annexure P/1), whereby the order dated 16.7.2002 (Annexure P/6), granting benefit of two advance increments, was cancelled on the ground that the Petitioner was not having two years professional experience in legal practice.

(2.) THE brief facts, in nutshell, necessary for disposal of this case are that the Petitioner was selected through Public Service Commission and was appointed on the post of Assistant District Public Prosecution Officer (ADPO) by order dated 17.6.1996 (Annexure P/3). In the light of the order dated 26.3.1994 (Annexure P/4), passed by the Madhya Pradesh State Administrative Tribunal, Bench Gwalior in Original Application No. 742/88 (Anand Kumar Bohare v. State of M.P. and Ors.) the Deputy Secretary, Home (Police) Department, Government of Madhya Pradesh issued a general order on 29.3.1995 (Annexure P/5) to extend the benefit of grant of two advance increments to all the ADPOs. THEreafter, the Petitioner submitted a representation on 2.12.2000 (Annexure P/2A) for grant of benefit of two advance increments on the ground that he has obtained experience of legal practice for 4 1/2 years. While the Petitioner was posted at Kanker, by endorsement dated 29.6.2001 (Annexure P/2) the Petitioner was granted two advance increments. By endorsement dated 16.7.2002 (Annexure P/6) the benefit was given w.e.f. 1.7.1996.

(3.) LEARNED Counsel appearing for the Petitioner submits that withdrawal of increment amounts to reduction of salary, as the salary includes increments.