Tribal Development Department vs Anand Kumar Chouhan
2023 Latest Caselaw 1264 MP

                                                       1
                           IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                     &
                              HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                           ON THE 20 th OF JANUARY, 2023
                                            WRIT APPEAL No. 651 of 2019

                          BETWEEN:-
                          1.    STATE   OF    M.P.   THROUGH PRINCIPAL
                                SECRETARY GOVERNMENT OF M.P., TRIBAL
                                DEVELOPMENT    DEPARTMENT      VALLABH
                                BHAWAN, BHOPAL (MADHYA PRADESH)

                          2.    ASSTT. COMMISSIONER, TRIBAL DEVELOPMENT
                                DEPARTMENT, DHAR (MADHYA PRADESH)

                          3.    THE JOINT DIRECTOR TREASURY ACCOUNTS
                                AND   PENSION INDORE DIVISION, INDORE
                                (MADHYA PRADESH)

                          4.    DISTRICT TREASURY OFFICER, DHAR (MADHYA
                                PRADESH)

                          5.    PRINCIPAL GOVT. GIRLS HIGHER SECONDARY
                                S C H O O L MANAWAR BLOCK AND TEHSIL
                                MANAWAR,      DISTRICT DHAR,   (MADHYA
                                PRADESH)

                                                                            .....APPELLANTS
                          ( SHRI AAKASH SHARMA - GOVERNMENT ADVOCATE)

                          AND
                          ANAND KUMAR CHOUHAN S/O SHRI NATHURAM
                          CHOUHAN, AGED ABOUT 60 YEARS, OCCUPATION:
                          SERVICE AT GOVT. GIRLS MIDDLE SCHOOL
                          MANAWAR, DISTRICT DHAR (MADHYA PRADESH)

                                                                           .....RESPONDENT
                          (SHRI AMIT RAJ - ADVOCATE)

                                This appeal coming on for orders this day, JUSTICE SUSHRUT
Signature Not Verified
Signed by: VARSHA DUBEY
Signing time: 1/20/2023
6:00:00 PM
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                          ARVIND DHARMADHIKARI passed the following:
                                                              ORDER

Heard finally with the consent of both the parties. This writ appeal under Section 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed being aggrieved by the order dated 11.09.2018 passed by learned Single Judge in Writ Petition No.1964 of 2018.

The respondent/petitioner had preferred a writ petition being aggrieved by the order passed by respondent dated 15.12.2017 as well as objection dated 15.10.2015 by which recovery has been ordered from the respondent/petitioner.

The appellants denied the claim of the benefit of FR 22-D to the respondent on the ground that the treasury has raised an objection that the respondent was already extended the benefit of higher pay scale of Rs. 5,500/ - Rs. 9000/- which is the pay scale accruing from the proposed promotion, therefore, he was not entitled to the benefit of FR 22-D.

Learned Single Judge, relying on the judgment of Division Bench in the case of State of Madhya Pradesh and others Vs. Dayaram Patidar as well as WP No.1104/2001, order dated 04.10.2022 and the judgement dated 06.05.2011 passed in WP(s) No. 5076/2010 in the matter of Devi Singh Vs. State of Madhya Pradesh and others whereby the issue has been already settled. The Division Bench also held that the respondent therein was getting same salary while working on the lower post, the benefit of FR 22-D to which he is otherwise entitled on promotion, cannot be denied to him. Learned Single Judge, vide the impugned order had allowed the writ petition and set aside the order of recovery. It was also directed to refund back the amount so recovered Signature Not Verified Signed by: VARSHA DUBEY Signing time: 1/20/2023 6:00:00 PM

within a period of 90 days.

On perusal of the impugned order as well as the orders passed by the Division Bench in the case of Dayaram Patidar (supra) and Devi Singh (Supra), the learned Single Judge has not committed any error in allowing the writ petition.

Accordingly, finding no merit in the appeal, the same is hereby dismissed. No order as to costs.

                               (S. A. DHARMADHIKARI)                   (PRAKASH CHANDRA GUPTA)
                                        JUDGE                                   JUDGE
                          VD




Signature Not Verified
Signed by: VARSHA DUBEY
Signing time: 1/20/2023
6:00:00 PM