ANIL TRIPATHI Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard finally with the consent of both the parties.

(2.) In this petition under Article 226 of the Constitution of India, the petitioner is aggrieved by the illegal and arbitrary action on the part of the respondent No.2, whereby the recovery of Rs.2,000.00 per month has been ordered from the salary of the petitioner in compliance of the order dt.8/11/2019 (Annexure P/6). It is further prayed that the respondents be directed to refund the amount already deposited with the interest @ 12% p.a.

(3.) Brief facts leading to filing of this petition are that the petitioner was initially appointed as daily wager on 1/8/1986. Taking into consideration the performance of the petitioner, his services have been regularized vide order dt.20/10/2004 on the post of Assistant Grade III and his pay was fixed to the minimum of the scale of Rs.3050.00 + D.A. without increments. The petitioner was granted the benefit of financial increments as per Fifth, Sixth and Seventh Pay Commission, however, vide impugned order based on the letter dt.8/11/2019 (Annexure P/6), the recovery of Rs.2000.00 p.m. has been made for the reason that the work charged contingency paid employee is not entitled to get the benefit of Seventh Pay Commission, therefore, the excess amount paid is to be recovered from the pay of the petitioner. Being aggrieved, the present petition has been filed.