AVINASH CHANDRA MITHAS Vs. STATE OF M P

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution, petitioner has challenged the order dated 30.11.2007 whereby he has been granted first financial up-gradation (Kramonnati) after 12 years in the year 1999 and second 2004. The first benefit was in the pay scale of Rs.5500-9000/- and second in the pay scale of Rs.6500-10500/-. The grievance of the petitioner is that he is receiving the pay scale of Rs.6500-10500/- w.e.f 01.01.1996 under the garb of financial up-gradation (Kramonnati). The petitioner is put to disadvantageous position whereby his pay scale of Rs.6500-10500/- is given to him from later date i.e 20.04.2005. He submits that it entails civil consequence and no recovery is permissible as there is no mis-representation of the fact by him.

(2.) PER Contra, Smt. Pantankar submits that the pay scale of Rs.6500-10500/- was not accepted by the Government and, therefore, no fault can be found in Annexure P/1.

(3.) IN the light of the aforesaid, it is clear that the impugned order has an adverse impact on the petitioner, moreso, when it directs recovery also against the petitioner. Thus, any order which entails civil consequence could have been passed only after following the principles of natural justice.