NOOR MOHAMAD Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution of India is directed against the action of the respondents whereby the petitioner has prayed for continuance of the benefit of Kramonnati scheme with further prayer to grant him the benefit of F.R. 22-D on his promotion. It is further prayed that his reitral dues be calculated on be basis of Kramonnati pay scale + F.R. 22-D. The brief facts necessary for adjudication of this matter as under:-

(2.) THE petitioner was appointed as Assistant Teacher w.e.f. 28.6.1962. The petitioner was not given any promotion for 24 years. Under the Kramonnati scheme, he was given financial up-gradation/ Kramonnati by order dated 2.4.2002 in the scale of 5500-175-9000/- w.e.f. 19.4.1999. Thereafter, the petitioner was promoted by order dated 30.6.2003 on the post of Headmaster. However, the post of Headmaster carries an inferior scale of 5000-150-8000. Petitioner's Kramonnati benefits were also reduced/altered from 19.4.99 to 01.08.2003. The grievance of the petitioner is that Kramonnati once granted after completion of 24 years could not have been altered by changing the date. The second grievance is that on promotion by Annexure P-2 his Kramonnati benefits cannot be snatched nor he should have been deprived from the benefit of F.R. 22-D.

(3.) I have heard the learned counsel for the parties and perused the record.