RAKESH KUMAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner is aggrieved by the order dtd. 22/4/2021 (Annexure P/1) passed by District Education Officer, Morena, whereby, the order dtd. 25/1/2019, granting the benefit of regular pay-scale to the petitioner w.e.f. 16/7/1975, has been cancelled.

(2.) The facts necessary for decision of this case are that the petitioner participated in recruitment process for appointment on the post of Assistant Teacher and after having selected, he was sent for necessary training vide order dtd. 16/7/1975 (Annexure P/2). Pertinently, under Clause (4) of this order, the petitioner was asked to produce all his certificates/mark-sheets in original before the Principal of the School. Clause (8) of the order provides that after passing the examination, he would be given regular appointment on the post of Assistant Teacher. Vide subsequent order dtd. 27/2/1979 (Annexure P/3), the petitioner was given appointment on the post of Assistant Teacher in regular pay-scale on his successfully completing the training and passing the departmental examination. The petitioner served the department and retired from the aforesaid post w.e.f. October' 2020.

(3.) Before his retirement, an order was passed by the respondent/District Education Officer on 25/1/2019 (Annexure P/5), whereby, the benefit of regular pay-scale of the post was given to the petitioner w.e.f. his initial date of appointment i.e. 21/7/1975. Even though, the order was passed, the monetary benefits flowing from the said order, was not extended to the petitioner. It be noted here that as many as 21 other incumbents were given the same benefit by the same order. Petitioner retired in October' 2020. The respondent/District Education officer, thereafter passed the order dtd. 22/4/2021 (Annexure P/1), thereby, cancelling the order dtd. 25/1/2019 in relation to petitioner. Aforesaid impugned order has been passed on the ground that on the date of initial appointment i.e. 16/7/1975, the petitioner had not completed 18 years of age and, therefore, was not eligible to be appointment on the post of Assistant Teacher. As per the PPO issued to the petitioner, the benefit of regular pay-scale of the post has been extended to him w.e.f. October' 1977.