S.C. DUBEY Vs. STATE OF MP.

JUDGEMENT

(1.) IN the present petition the petitioner has challenged the order Annexure P-1 dated 22.7.2004, whereby the pay of the petitioner has been fixed after promotion and it has been directed to recover a sum of Rs. 6,500/-, an amount of difference of pay paid in excess to the petitioner. Facts of the case are that initially petitioner was working on the post of Asstt. Grade-II. He was granted the benefit of Kramonnati of Rs. 125/- per month vide order dated 4.4.2000 in the pay scale of Rs. 4500-6000 with effect from 19.4.1999, which was continued till his superannuation. Last pay of the petitioner was Rs. 6,500/-. Vide order dated 29.1.2003, petitioner was promoted and posted as Asstt. Superintendent, Khandwa. Vide order dated 17.2.2003, the order of promotion was modified and instead of Asstt. Superintendent, Khandwa the petitioner was posted as Revenue Auditor. Further case of the petitioner is that the petitioner was drawing the salary of Rs. 6,500/- in the pay scale of Rs. 4500-7000. Vide order dated 27.7.2004, Respondent No. 2 has fixed the pay of Rs 6,250/- instead of Rs. 6,500/-. In pursuance to the order dated 22.7.2004, the amount of gratuity has also been calculated and pension has also been . recalculated. The order in this regard is Annexure-P-2. The case of the petitioner is that prior to the promotion, the petitioner was getting 6,500/ - per month and after promotion the petitioner is getting 6,125/-. It is submitted that the impugned order is illegal as the higher pay scale was given to the petitioner under the scheme of Kramonnati and not on the basis of the mis-representation made by the petitioner. Learned counsel placed reliance on decision reported in (1994) 2 SCC 521, Shyam Babu Vermeil and others v. Union of India and others, wherein the Hon'ble Supreme Court has held that, "the benefit of Higher Pay Scale given to an employee due to no fault of him, it shall only be just and proper not to recover any excess amount which has already been paid to him." Reply has been filed. Alongwith the reply, the copy of Kramonnati Scheme dated 17.3.1999 has been filed.

(2.) LEARNED counsel for the respondents submit that as per Kramonnati Scheme a policy decision was taken by the State Government that every regular employee/officer is entitled for two higher pay scales under the Scheme. Learned counsel submits that as per the Scheme, if any employee who has been regularly appointed and has worked continuously for a period of 12 years on one pay scale is entitled for Kramonnati in higher pay scale subject to following conditions:-