ORDER
Assailing the order dated 24.03.2023 passed by the respondent No.3 in not extending the benefit of pay increments to the petitioner in terms of circular dated 09.01.2017 issued by the Government, the present petition has been filed.
2. It is the case of the petitioner that he was in service of the respondents/department. On 13.10.2009, the respondents passed an absorption order of Shiksha Karmi to the post of Samvida Shala Shikshak and since then the petitioner is holding the charge as Teacher in Government Primary School, Handa Block, Government Higher Secondary School, Pawai, District Panna. On 13.10.2009, the respondent No.1 had directed to grant advance increment to the Shiksha Karmi/Adhayapak Samvarg, who has conducted the TT operation. The petitioner got conducted the TT operation on 08.12.2010 and the case of the petitioner was duly recommended by the respondent No.6 for grant of advance increment vide order dated 29.12.2016. On 09.01.2017, the respondent No.1 published the instructions for advance pay increment cancelling the earlier order issued by the authorities. Thereafter, the respondent No.3 vide order dated
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24.03.2023 had not provided advance increment to the petitioner placing reliance upon the order dated 09.01.2017. Therefore, the present petition has been filed.
3. It is argued that the petitioner had undergone the TT operation on 08.12.2012 and the circular issued by the Government dated 13.10.2009 was in force at the relevant time. The subsequent circular dated 09.01.2017 was issued after a considerable period. The recommendations of the case of the petitioner for grant of pay increment was made on 29.12.2016. Therefore, the subsequent order issued by the Government cannot take away the right of the petitioner for pay increments. Thus the impugned order passed by the authorities is per se illegal. He has prayed for setting aside the impugned order with a direction to the authorities to grant pay increment to the petitioner in pursuance to the TT operation undergone by him.
4. On notice being issued, a response has been filed by the authorities. It is argued that the petitioner's wife had undergone TT operation on 08.12.2010 after having two alive children. At the relevant time when the TT operation was undergone by the petitioner's wife, the petitioner was not a Government employee as the appointment of the petitioner was made by the Chief Executive Officer, Janpad Panchayat Pawai vide order dated 08.07.2013. It is also pointed out that the petitioner was appointed w.e.f. 08.07.2013 as Samvida Shala Shikshak Grade- III and in pursuance to which, joining was given on 09.07.2013. It is further contended that the case of the petitioner does not fall within the zone of consideration in terms of the circular issued by the department on 13.10.2009. The objections were raised by the District Pension Officer, which were not put to challenge by the petitioner. Therefore, no relief can be extended to him.
5. Heard learned counsel for the parties and perused the record.
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6. The circular issued by the Government dated 13.10.2009 is relevant and reads as under:
" वभाग के प रप मांक एफ 1-10/2005/20-1, दनांक 16.06.06 ारा ीन काड धारक िश ाकिमय को अि म वेतन वृ वीकृत कये जाने के संबंध म आदेश जार कए है। देश म दनांक 01.04.2007 से िश ाकिमय के सं विलयन एवं सं वदा शाला िश क क िनयु से अ यापक संवग का गठन कया गया ह। रा य शासन ारा िनणय िलया गया है क ीन काड धारक िश ा किमय को अि म वेतन वृ वीकृत कये जाने के संबंध म िन नानसुार कायवाह क जाए:-
1. िश ाकम /अ यापक संवग के प म कायरत रहते हुये प रवार िनयोजन के िलये ओपरेशन करवाने वाले िश ाकिमय /अ यापक संवग को अि म वेतन वृ क पा ता होगी।
2. दनांक 16.06.2006 के पवू प रवार िनयोजन आपरेशन करवाने वाले अ यापक को दनांक 16.06.2006 से एवं इस दनांक के उपरांत प रवार िनयोजन आपरेशन करवाने वाले अ यापक का प रवार िनयोजन कराने के दनांक से अि म वेतनवृ का लाभ ा होगा।
शेष िनदश वभाग के प रप मांक एफ 1-10-2005-20-1 दनांक 16.06.06 म उ ले खत अनसुार यथावत लागू रहेगे। व वभाग ारा इस वभाग क न ती पर उनके य०ूओ० मांक 1663/प.क. ./चार, दनांक 12.10.2009 ारा सहमित दान क गई।'
7. The circular issued by the Government clearly speaks of the fact that a candidate working as a Adhyapak who has undergone TT operation after 16.06.2006 is entitled for advance increment. Under these circumstances, the impugned order dated 24.03.2023 rejecting the claim of the petitioner is hereby quashed. The authorities are at liberty to re-examine the case of the petitioner for grant of benefit of advance increment on the basis of the TT operation undergone
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(VISHAL MISHRA)
JUDGE
by the petitioner's wife in the year 2010 as admittedly the petitioner's family was a Green Card Holder. The entire exercise be completed by the authorities within a period of 90 days from the receipt of a certified copy of this order.
8. The authorities have recovered the amount Rs.4000/- per month from the pay of the petitioner, which is reflected from the pay slip of the petitioner Annexure A/1. No reasons are assigned by the authorities while deducting the said amount. The petitioner has also preferred a representation, which is pending consideration. Under these circumstances, the authorities are directed to decide the representation of the petitioner within a period of 90 days from the date of receipt of a certified copy of this order. There will not be any further recovery from the petitioner till the representation is finally decided.
9. With the aforesaid observations, the writ petition stands disposed off. No order as to costs.
sj
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