ASHOK PATIDAR Vs. STATE OF M. P.

JUDGEMENT

(1.) The petitioner before this court has filed this present petition being aggrieved by the order of recovery issued by the respondent dtd. 19/11/2019. Petitioner's contention is that the petitioner is a Government servant working on the post of Teacher (Adhayapak Samvarg) and he was entitled for grant of two advance increments as per the Circular dtd. 13/10/2009. The circular is quoted in paragraph-3 of the reply filed by the State Government and the same reveals that all those teachers who have undergone Family Planning Operation before 16/6/2006 shall be entitled for increments with effect from 16/6/2006 and in all those cases where the operation has taken place after 16/6/2006 they shall be entitled for advance increments from the date of the operation. The State Government has admitted in the return that the petitioner's wife got T.T. Operation done on 21/1/1998, meaning thereby prior to 16/6/2006 and therefore the petitioner shall certainly be entitled for advance increments keeping in view the executive instructions issued by the State Government. The only reason assigned in the return is that the matter was referred to three senior officers and the officers of the Accounts Department (Sr. Accounts Officer and Accounts officer of District Panchayat ) have denied the claim of the petitioner.

(2.) In the considered opinion of this court the Accounts Officer cannot supersede the executive instructions issued by the State Government. Once the executive instruction issued on the subject dtd. 13/10/2009 is very clear the advance increments were rightly granted to the petitioner and, therefore, keeping in view the reply filed by the State Government the impugned order of recovery dated 19-11-20109 is hereby quashed. Amount if any recovered from the petitioner be refunded back to the petitioner, within a period of sixty days, from the date of receipt of certified copy of this order. The petitioner shall continue to receive the benefit which he is already receiving on account of grant of two advance increments. Not only this the respondents shall also release the benefit of sixth and seventh Pay Commission in case the same has been extended to the identically placed teachers, within a period of ninety days, from the date of receipt of certified copy of this order. With the aforesaid, the petition stands allowed. Certified copy as per rules.