SHER BAHADUR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This writ petition is filed claiming relief that notesheet dtd. 12/11/2003 Annexure P-6 and letter dtd. 3/03/2004 Annexure P-8 be quashed by a writ in the nature of certiorari and respondents be restrained from reducing pension of the petitioner.

(2.) Brief facts leading to the present case are that petitioner was appointed as a 'Craft Teacher' vide order dtd. 10/08/1966 and in pursuance thereof, he had joined at Kawardha on 12/08/1966 vide Annexure P-1. The order of appointment as a 'Craft Teacher' was issued by the office of Divisional Superintendent of Education, Raipur Division, Raipur.

(3.) The pay scale in which petitioner was appointed as a 'Craft Teacher' was Rs.150.005-160-6-190 ER-6-220-10-240-ER-12,290/- per month with usual Dearness Allowance as per sanctioned by the State Government from time to time. He was posted at Government Boys Higher Secondary School, Kawardha, District Durg. This order of appointment is available on record as Annexure P-1. Petitioner later on applied for the post of Sales Tax Inspector and on being selected had joined the post in pursuance to the appointment order dtd. 22/1/1974 Annexure P-2 whereby he was appointed as Sales Tax Inspector in the pay scale of Rs.246.006-270-10-350-EV-12-400-20- 460. Consequent to petitioner's appointment as Sales Tax Inspector Annexure P-2, he had joined his services. Vide Annexure P-3, he was permitted to count his past services in the School Education Department from 12/08/1966 to 31/01/1974 in terms of Finance Department circular dtd. 26/09/1972. It was also ordered that consequent to adding of the past services in the School Education Department, his pay protection will be in terms of the provisions contained in Fundamental Rule 22-A. Since, petitioner was earlier working as a 'Crafts Teacher' in the pay scale of Rs.246.00460, his pay was protected and his pay was fixed as on 1/02/1974 at Rs.310.00. It is also not in dispute that petitioner whose pay was subsequently revised in the pay scale of Rs.4400.00125-7000 on completion of 12 years of service was given benefit of Kramonati in the pay scale of Rs.5,000.00150- 8,000/- and pay was fixed at Rs.7,250.00.