CHANDRAKANT Vs. STATE OF M P

JUDGEMENT

(1.) THE prayer in this petition is that to quash the order Annexure P-2 dated 13.12.2004 whereby the recovery has been initiated from the petitioner.

(2.) SHORT facts of the case are that the petitioner was appointed as Lower Division Teacher on 21.10.1971 and benefit of kramonnati in the pay scale of Rs. 1400-2600 was given to the petitioner. On 22.11.1986 the petitioner was promoted as Upper Division Teacher on similar pay scale. The benefit of increment which was given to the petitioner has been withdrawn vide order dated 13.12.2004 wherein it is mentioned that by mistake the increment has been given to the petitioner from 1.1.1986 while petitioner was entitled with effect from 1.8.1989. Hence, it is directed to recover a sum of Rs. 34,377/- from the petitioner.

(3.) LEARNED Panel Lawyer for respondents Ms. Seema Sharma placed reliance on a decision reported in (1997) 6 SCC 139 [V. Gangaram v. Regional Joint Director and others] wherein two Judges of Hon'ble Supreme Court has held that the appellant entitled to two increments for acquiring additional qualifications but more than two increments granted to him. It was held that on facts, arrears paid prior to 1985 not to be recovered but the amount paid from 1985 liable to be recovered from the appellant on the ground that the pay was wrongly fixed.