RAGHWENDRA SOHGAURA Vs. STATE OF M.P.

JUDGEMENT

(1.) IN these writ petitions, question involved is about grant of increments on confirmation of services with effect from the date of completion of one year of the initial appointment on probation basis as Shiksha Karmi. There are two sets of petitioners; some of them have been appointed on probation basis under the rules called M.P. Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 (hereinafter referred to as 'the Rules of 1997') in the schools run by Panchayats. Other set of petitioners have been appointed in the schools handed over by the State Government to the Municipal body; they were appointed on probation basis under M.P. Municipal Council Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998 (hereinafter referred to as 'the Rules of 1998'). Rules of appointment are the same in particular, rule 7, under which appointment on probation was ordered, is similar under the Rules of 1997 and the Rules of 1998. In the writ petitions, order of recovery of increments which were released to the petitioners has been assailed.

(2.) FACTS are being noted from W.P.S. No. 5843/04. It is averred in the petition that petitioners were appointed under the Rules of 1997 as Shiksha Karmis. Appointment of Shiksha Karmis grade III are made by Janapad Panchayat whereas Shiksha Karmis Grade I and II are appointed by Zila Panchayats. Petitioners were appointed as Shiksha Karmis grade I, II and III as the case may be. The appointment as Shiksha Karmis in the grade I was in the pay -scale of Rs. 1200 -2000/ -, grade II in the pay scale of Rs. 1,000 -1600/ - and in grade III in the pay scale of Rs. 800 -1200/ -. The appointments were ordered on probation basis. The pay -scales are prescribed in schedule I of the rules of appointment of Shiksha Karmis. Rule 7 provides for initially appointment on probation basis.

(3.) PETITIONERS have submitted that State Govt. has issued an order (PA) dated 4.2.2003. It was directed to make the payment of increments to the Shiksha Karmis on confirmation of their services as contemplated under rule 7 of the Appointment Rules of Shiksha Karmis; thereafter the increments were released with effect from the date of completion of 1 year of probation. Petitioners are enjoying the benefit based there upon; all of a sudden an order (P -l) dated 8.7.2004 has been issued by the Commissioner of Public Instructions in which it has been directed that the benefit of the increments which has been given to Shiksha Karmis on completion of one year of probation period after confirmation of their services has been extended erroneously; they are entitled for increments after one year of confirmation of their services, hence, the benefit which has been wrongly extended be recovered and the amount be adjusted out of the salary to be paid.