SUPCHAND CHOUHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner, a retired government servant, has filed the present Writ Petition, challenging the recovery and order dated 28.01.2017 (Annexure P-1) by which the recovery has been directed against the petitioner.

(2.) The case of the petitioner is that he was initially appointed on the post of Lower Division Teacher and he was given the Kramonnati in the pay scale of Rs.5000-8000/- with effect from 02.07.1988. His further case is that he was promoted as UDT by order dated 15.9.1992 in the pay scale of Rs.5000- 8000/- and thereafter, promoted on the post of Head Master on 14.7.1998 in the pay scale of Rs.5500-9000/-. Now the respondents, by the impugned order, have directed the recovery solely on the ground that since the petitioner was promoted in the same pay scale, therefore, the benefit of FR 22-D cannot be given to the petitioner.

(3.) The respondents have stated that the impugned order has been passed since the Office of the Jt. Director, Treasury and Pension has raised an objection that the petitioner was already extended the benefit of higher pay scale of Rs.5500- 9000 which is the pay scale accruing from the proposed promotion, therefore, he was not entitled to the benefit of FR 22-D.