NAROTTAM PRASAD YADAV Vs. STATE OF M.P

JUDGEMENT

(1.) THE petitioner is aggrieved by Annexure P/1, whereby the petitioner's pay scale was reduced and recovery is also made.

(2.) BRIEF facts necessary for adjudication of this matter are as under: (i) Petitioner was initially appointed as Assistant Teacher on 02.07.1974. Thereafter, on completion of 12 years of service, he was given first 'Kramonnati'. Thereafter petitioner was given second Kramonnati on completion of 24 years of service w.e.f. 19.04.1999. For this purpose, petitioner had to approach this Court by filing WP. No. 499/2005. This Court on 29.09.2005 considered the grievance of the petitioner and opined that no recovery or coercive action can be taken against the petitioner without providing opportunity of hearing to him. It was directed that benefits granted to petitioner shall continue to be paid. In case respondents intend to withdraw it, they must pass speaking order after giving opportunity to the petitioner. Thereafter, the petitioner again file WP No.5152/2007 which was decided on 02.11.2007. This Court by relying on the judgment of Prerna Vs. State of M.P. passed in WP No. 6773/2006 opined that respondents must consider the case of the petitioner for grant of second time bound promotion after verifying all the facts and examine his suitability. Contempt petition was filed bearing Contempt Case No. 367/2010. This petition was disposed of on 25.04.2012 by reserving liberty to the petitioner to take legal recourse against the action of the respondents in not continuing Kramonnati scale on promotion on the post of Head Master.

(3.) SHRI G. S. Sharma, learned counsel for the petitioner submits that on promotion, Kromonati benefits could not have been taken away. In addition, he submits that 6th Pay Commission scale should be revised scale of Rs.5500 -9000. He relied on the recent judgment of this Court in WP No. 164/2009 (Noor Mohamad Vs. State of M.P. and others)