NATHULAL Vs. STATE OF MP

JUDGEMENT

(1.) Being aggrieved by the order dated 10-8-2009 (Annexure P-l) passed by the third respondent Principal, Government Nutan Higher Secondary School No. 3 Indore issued on the basis of the objection raised by the fourth respondent Joint Director, Treasury and Accounts Department, Indore withdrawing the benefit of second Kramonnati extended to the petitioner and ordering for recovery of the excess payment made to him the petitioner has filed this petition under Article 226 of the Constitution of India.

(2.) Briefly stated the petitioner was appointed on the post of Lower Division Clerk vide'order dated 3-4-1976 (Annexure P-2) in the pay scale of Rs. 169-300/- (revised Rs. 950-1530/-). He was promoted to the post of Upper Division Clerk vide order dated 11-3-1982 (Annexure P-3) in the pay scale of Rs. 195-330/- revised Rs. 1150-1800 further revised Rs. 1200- 2040 as per report of Sinhdeo Committee. Thereafter, vide order dated 4-12-1995 he was promoted to the post of Accountant in the same pay scale which was drawing as an Upper Division Clerk.

(3.) In pursuance to the recommendations of the Departmental Promotion Committee the second respondent District Education Officer, Indore vide order dated 28-2-2009 (Annexure P-5) sanctioned the benefit of second Kramonnati payable to him on the basis of Kramonnati Policy of the State Government w.e.f. 5-4-2000 the date on which he had completed 24 years of service and fixed him in the pay scale of Rs. 4500- 7000/-. As a consequence of the said order dated 28-2-2009 the petitioner's pay was fixed w.e.f. 5-4-2000, vide order dated 4-4-2009 (Annexure P-6).