GAURI SAXENA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

(2.) The petitioner is aggrieved by the order dtd. 22/2/2022, (Annexure P-6) and the order dtd. 8/8/2022 (Annexure P-10). Vide the order dtd. 22/2/2022 a recovery to the tune of Rs.2,51,038.00 has been made against the petitioner on the ground that she has been wrongly given the increment in pay on account of the circular dtd. 19/6/2013 (Annexure P-5) which relates to sterilization (Nasbandi), and which according to the respondents has not been properly applied. Subsequently on 8/8/2022 (Annexure P-10), the respondent no.2 has also issued a demand letter of Rs.2,51,038.00 on the same ground.

(3.) In brief facts of the case are that the petitioner is posted as Staff Nurse at District Ujjain, and she was granted advance increment on the basis of the circular dtd. 25/7/2001 which, with a view to promote the family planning programme, and to encourage the government servant to opt for vasectomy/tubectomy (Nasbandi), provides for a payment of an advance increment. The order in respect of advance increment was passed on 19/6/2013( Annexure P-5), however, after a period of around 13 years, i.e., on 22/2/2022, the impugned notice has been issued to the petitioner, and a recovery to the tune of Rs.2,51,038.00 has been made against her without affording any opportunity of hearing. Another demand notice by way of order dtd. 8/8/2022 has also been issued to her wherein it is mentioned that since the petitioner has already operated herself prior to 24/2/2010, she is not entitled to the benefit of the circular as provided to her on 19/6/2013.