LAXMAN PRASAD RAJAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Learned counsel for the petitioner submits that the petitioner has been denied the benefit of Kramonnati/Time Scale of Pay, which became due in favour of the petitioner in the year 2018. Vide judgment dtd. 29/8/2022 passed in Sessions Trial No.23/2016 (State versus Laxman Prasad Rajak), the petitioner was convicted for the offence under Sec. 409 of the Indian Penal Code, 1860 with an imprisonment for five years and fine etc by the Court of learned 1st Additional Sessions Judge, Dindori. The aforesaid conviction will not relate back to the date of eligibility, which is since 2018 and, therefore, there being no retrospective application of the order of conviction and the petitioner should have been given the benefit of Time Scale of Pay.

(2.) Learned counsel for the respondents, in his turn, submits that the conviction of the petitioner will relate back to the date of registration of the offence, which is of the year 2015. The petitioner was arrested on 10/12/2015 and was given benefit of bail on 21/1/2016. He was in custody for a period of 42 days and by operation of the rules framed for suspension by virtue of he being in custody for more than 48 hours, he was deemed to have been placed under suspension.

(3.) I have heard learned counsel for the parties and gone through the material available on record.