STATE OF M P Vs. RAGHVENDRA SOHGAURA

JUDGEMENT

(1.) REGARD being had to the homogeneous character of the controversy in issue, this batch of writ appeals was heard analogously and is disposed of by a singular order. For the sake of clarity and convenience, the facts in Writ Appeal No. 1098/2006 which arises out of W. P. (S) No. 5843/04 are adumbrated herein.

(2.) SHORN of unnecessary details, the facts which are imperative to be exposited for adjudication of the lis are that the respondents (original petitioners) were appointed as Shiksha Karmis under the M. P. Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 (hereinafter referred to as the 1997 Rules) in various grades, i. e. , Grades- I, II and III. The appointments were made on probation basis. The pay-scale for the said posts are prescribed in Schedule 1 to the Rules. The services of the respondents were confirmed on completion of three years probation and they were extended the benefit of increments on completion of one year of the date of initial appointment by order dated 4. 2. 2003. When the respondents were enjoying such benefit the Commissioner, Public Instructions issued an order dated 8. 7. 2004 directing that the benefit of increments which were given to 'shiksha Karmis' on completion of one year of probation period after confirmation of their services had been extended erroneously and the same was to be recovered and the amount was to be adjusted out of the salary to be paid. Being aggrieved by the aforesaid action of the said authority, the respondents- 'shiksha Karmis' filed writ petitions invoking the extraordinary and equitable jurisdiction of this Court under Article 226 of the constitution of India for issue of a writ of certiorari for quashment of the same and to command the respondents to continue the benefit.

(3.) IT was contended before the learned single Judge that once the period of probation was completed, they were entitled to increments on completion of one year of probation from the date of their initial appointment and the same was rightly paid to them. Reliance was placed on various circulars and Fundamental Rule 26 to build the edifice to sustain the stand that the action of the State was sensitively susceptible.