STATE OF M P Vs. TRILOK CHAND GUPTA

JUDGEMENT

(1.) This intra Court appeal is filed against the order dated 23-4-2009 passed in W. P. No. 1515 of 2008(S) by Single Bench of this Court.

(2.) It appears that the petitioner/respondent was appointed as an Assistant Teacher on 6-4-1972, however, after completion of 12 years of service, he was granted higher pay scale of Rs. 1400-2640 (revised in the 5th Pay Commission as Rs. 5,000-8000) vide order dated 24-7-1991. Thereafter, on 31-12-2002 he was given promotion to the post of Upper Division Teacher and was posted at Higher Secondary School, Anjangaon. He, however, made a request for change of his posting on the ground of personal difficulty from Higher Secondary School, Anjangaon to Govt. High School Selda, or Govt. Girls Middle School, Selda, or Govt. Boys Higher Secondary School, Bamnala and did not join the place of posting. Consequently, his promotion was cancelled with a further rider that he shall not be considered for promotion for a period of one year vide order dated 14-6-2003 (Annx. P/4). Thereafter, he was promoted as Upper Division Teacher vide order dated 27-2-1004 and was posted in Middle School, Banjhar wherefrom he retired from service on 31-8-2007.

(3.) It further appears that subsequently grant of higher pay to the petitioner/respondent was cancelled. Consequently, his salary was reduced from Rs. 6800 to Rs. 5700. Accordingly, recovery order was issued. The aggrieved petitioner filed the writ petition on the ground inter alia that similarly situated Upper Division Teachers Smt. Sandhya Lele and Smt. Rajkishori Sen were allowed to draw the same pay in the higher pay scale of Rs. 5000-8000 and, therefore, the same benefit ought to have been given to him as he never refused to accept the promotion, but simply made a request to change of his place of posting, yet the appellants instead of changing the same, cancelled it and debarred from the promotion for one year. It has also been alleged that after his retirement his pension has wrongly been fixed on the lower pay scale i.e. Rs. 4000-6000 in place of Rs. 5000-8000. Consequently, a sum of Rs. 1,43,296/-have illegally been recovered from his retiral benefits.