SECRETARY & OTHERS Vs. HARILAL OZA & OTHERS

JUDGEMENT

(1.) This Appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, takes exception to the order dated 12.02.2007 passed in Writ Petition No. 6596/2003, whereby learned Single Judge relying upon the law laid down in Suresh Chandra Pandey Vs. State of M.P. & Others, 2004 (3) MPLJ 316, set-aside the order passed by the appellants withdrawing the benefit of special pay of Rs.250 and consequential recovery there from the salary of the petitioner.

(2.) The respondents were initially appointed on the post of Lower Division Clerk, were further promoted as Accountants as per Madhya Pradesh Class III (Ministerial) Forest Service Recruitment Rules, 1978. They were granted the benefit of special pay of Rs.250 in the revised scale of pay as per the provisions of Sub Rule 10 (2) of M.P. Revision of Pay Rules, 1998. However, later on vide impugned order dated 31.10.2001, the said benefits were withdrawn and consequential recovery was also ordered which has since been set-aside by impugned order.

(3.) The issue as to the entitlement of an Accountant for grant of special pay of Rs.250 in the revised pay scale as per provision of Sub Rule 10 (2) of M.P. Revision of Pay Rules, 1998 came up for consideration before this Court in Suresh Chandra Pandey (Supra) wherein while dwelling upon the issue, his Lordship (who then was) held :