RAJENDRA GIRI GOSWAMI Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER in this petition has assailed an order (P-8) dated 10-10-2003 passed by the Commissioner, Tribal Welfare Development Department, govt. of M. P. Bhopal by which the recovery of the amount of increments which was paid to the petitioner from the date of his initial appointment has been ordered.

(2.) IT is submitted by the petitioner that initially he was appointed on ad hoc basis; his services were regularized as per order (P-4) dated 7-5-91. His services were ordered to have continued w. e. f. date of the initial appointment, hence, petitioner has submitted that recovery is bad in law.

(3.) A return has been filed by the respondents in which it has been contended by respondents that petitioner was appointed as Steno for a period of 2 months as per order (P-l) dated 2-2-84, period was further extended by 2 months; later on service period of petitioner was regularized as per order (P-4)dated 7-5-91. Show cause notice was issued to the petitioner before passing order of recovery of the amount. Recovery has been properly ordered as after order (P-3); no order was passed extending the period of appointment though petitioner continued in service, regularisation was made in the year 1991, hence, impugned order is proper, no interference is called for.