RAKESH KUMAR MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition, under Article 226 of the Constitution of India, has been preferred by the petitioner being aggrieved by the order dtd. 4/3/2013 passed by the Under Secretary, GAD, Bhopal, Govt. of M.P. whereby he has been held entitled to claim Samman Nidhi under Rule 3(1) of the Loknayak Jai Prakash Narayan (MISA/DIR Rajnaitik Ya Samajik Karno Se Niruddh Vyakti), Samman Nidhi Niyam, 2008, from the date of the order.

(2.) The petitioner is further aggrieved by the order dtd. 4/3/2013 passed by respondent No.2/Collector & District Magistrate, Guna whereby without calculating actual parole period of the petitioner, he has been found entitled only for honorarium amounting to Rs.10,000.00 per month instead of Rs.15,000.00 as per amended Rule 3 of the Rules of Loknayak Jai Prakash Narayan (supra) vide Gazette Notification dtd. 4/1/2012.

(3.) Learned counsel for the petitioner has contended that the petitioner has been held entitled to such honorarium with effect from the date of the order passed by the Collector in terms of the Gazette Notification dtd. 4/1/2012 amending the 2008 Rules and substituting the earlier Sub-Rule (3) of Rule 3 wherein the date of entitlement was mentioned as 1/4/2008 with effect from the date of the order passed by the District Magistrate/State Government, though this amendment was prospective and not retrospective.