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2005 Supreme(MP) 517
2006(1) JLJ 65
A.K. Mishra, J.
Raghwendra Sohgaura and others v. State of M.P. and others
Writ Petitions (S) No. 5843, 12638 etc. of 2004;
Decided on 19.4.2005
Headnote:Rajendra Tiwari with M. Tripathi, Mahendra Saraf, Ms. Malti Dadaria, P. Verma, Prashant Singh, V.S. Choudhary, Atul Upadhyay, Pranay Choubey, Pranay Gupta, Sanjay Singh, Rajendra Pandey and B.P. Yadav for petitioner P. N. Dubey, Dy. Advocate General; V. Mehta, Government Advocate, Alok Pathak, V.P. Nema and P.S. Yadav for respondents.
Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 (M.P.) --R.7 -- M.P. Municipal Council Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998 -- R. 7- Shiksha Karmis initially appointed on probation on vacant posts -completing 3 years, probation -- services confirmed-- entitled for increments for probation period.
In these writ petitions, question involved is about grant of increments on confirmation of services with effect from the date of completion of one‘ year of the initial appointment on probation basis as Shiksha Karmi. There are two sets of petitioners; some of them have been appointed on probation basis under the rules called M.P. Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 (hereinafter referred to as ‘the Rules of 1997‘) in the schools run by Panchayats. Other set of petitioners have been appointed in the schools handed over by the State Government to the Municipal body; they were appointed on probation basis under M.P. Municipal Council Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998 (hereinafter referred to as ‘the Rules of 1998‘). Rules of appointment are the same, in particular, rule 7, under which appointment on probation was ordered, is similar under the Rules of 1997 and the Rules of 1998. In the writ petitions, order of recovery of increments which were released to the petitioners has been assailed. . [Para 1
Held: The petitioners were legally entitled for release of the increments as the appointments were made as Shiksha Karmis on the vacant posts; their services have been confirmed; the appointment was made in the pay-scale; on confirmation, the increments have to be released. 1995 SCC (L & S) 248 followed. (2002) 4 SCC 662, AIR 1992 SC 1754, AIR 1968 SC 349 and AIR 1989 SC 1308 distinguished. [Paras 21, 23 and 25
iapk;r f‘k{kkdehZ ¼HkrhZ rFkk lsok dh ‘krs±½ fu;e] 1997 ¼e-ç-½& &fu-7&e-ç- uxjikfydk ifj"kn f‘k{kk dehZ ¼HkrhZ rFkk lsok dh ‘krs±½ fu;e] 1998& &fu-7& &vkjaHk esa f‘k{kk dehZ fjDr inksa ij ifjoh{kk ij fu;qDr& &rhu o"kZ dh ifjoh{kk iw.kZ dh& &iq"V& &ifjoh{kk vof/k ds fy, osruo`f) ds gdnkjA
bu fjV ;kfpdkvksa esa varoZfyr ç‘u f‘k{kk dehZ ds :i esa ifjoh{kk ds vk/kkj ij dh xbZ vkjafHkd fu;qfDr dk ,d o"kZ iw.kZ gksus ds fnukad ls lsok dh iqf"V gksus ij osruo`f) fn, tkus ds ckjs esa gSA nks çdkj ds ;kph gSa] dqN iapk;rksa }kjk pyk, tk jgs fo|ky;ksa esa e-ç- iapk;r f‘k{kk dehZ ¼HkrhZ rFkk lsok dh ‘krs±½ fu;e] 1997 ¼,rfLeui‘pkr~ lu~ 1997 ds fu;e* ds :i esa fufnZ"V½ uked fu;eksa ds v/khu ifjoh{kk ds vk/kkj ij fu;qDr fd, x, gSaA nwljs çdkj ds ;kph jkT; ljdkj }kjk uxjikfyd fudk; dks lkSais x, fo|ky;ksa esa fu;qDr fd, x, gS( mUgsa e-ç- uxjikfydk ifj"kn f‘k{kk dehZ ¼HkrhZ rFkk lsok dh ‘krs±½ fu;e] 1998 ¼,rfLeui‘pkr~ ^lu~ 1998 ds fu;e* ds :i esa fufnZ"V½ ds v/khu ifjoh{kk ds vk/kkj ij fu;qDr fd;k x;k FkkA fu;qfDr ds fu;e le:i gS] fof‘k"Vr% fu;e 7] ftlds v/khu ifjoh{kk ij fu;qfDr vknsf‘kr dh xbZ Fkh] lu~ 1997 ds fu;e rFkk lu~ 1998 ds fu;e ds v/khu leku gSA fjV ;kfpdkvksa esa] ;kfpvksa dks nh xbZ osru&o`f);ksa dh olwyh ds vkns‘k ij vk{ksi fd;k x;k gSA ¼iSjk 1½
vfHkfu/kkZfjr % ;kphx.k osruo`f) fn, tkus ds fy, fof/kr% gdnkj Fks D;ksafd f‘k{kk dfeZ;ksa ds :i esa fu;qfDr;k¡ fjDr inksa ij dh xbZ Fkh] mudh lsok dh iqf"V dh tk pqdh gS] fu;qfDr osrueku esa dh xbZ Fkh] iqf"V gksus ij osruo`f);k¡ nh tkuk gksaxhA 1995 ,l lh lh ¼,y ,aM ,l½ 248 vuqlfjrA ¼2002½ 4 ,l lh lh 662] , vkb vkj 1992 ,l lh 1754] , vkb vkj 1968 ,l lh 349 rFkk , vkb vkj 1989 ,l lh 1308 çHksfnrA ¼iSjk 21] 23 ,oa 25½
1. In these writ petitions, question involved is about grant of increments on confirmation of services with effect from the date of completion of one year of the initial appointment on probation basis as Shiksha Karmi. There are two sets of petitioners; some of them have been appointed on probation basis under the rules called M.P. Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 (hereinafter referred to as 'the Rules of 1997') in the schools run by Panchayats. Other set of petitioners have been appointed in the schools handed over by the State Government to the Municipal body; they were appointed on probation basis under M.P. Municipal Council Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998 (hereinafter referred to as 'the Rules of 1998'). Rules of appointment are the same in particular, rule 7, under which appointment on probation was ordered, is similar under the Rules of 1997 and the Rules of 1998. In the writ petitions, order of recovery of increments which were released to the petitioners has been assailed.
2. Facts are being noted from W.P.S. No. 5843/04. It is averred in the petition that petitioners were appointed under the Rules of 1997 as Shiksha Karmis. Appointment of Shiksha Karmis grade III are made by Janapad Panchayat whereas Shiksha Karmis Grade I and II are appointed by Zila Panchayats. Petitioners were appointed as Shiksha Karmis grade I, II and III as the case may be. The appointment as Shiksha Karmis in the grade I was in the pay-scale of Rs. 1200-2000/-, grade II in the pay scale of Rs. 1,000-1600/- and in grade III in the pay scale of Rs. 800-1200/-. The appointments were ordered on probation basis. The pay-scales are prescribed in schedule I of the rules of appointment of Shiksha Karmis. Rule 7 provides for initially appointment on probation basis.
3. Petitioner's services have been confirmed on completion of 3 years probation, is not in dispute. It is also not in dispute that after confirmation of their services, benefit of the increments has been extended on completion of one year of date of initial appointment. During the period of probation the petitioners were paid the basic of the pay-scale.
4. Petitioners have submitted that State Govt. has issued an order (PA) dated 4.2.2003. It was directed to make the payment of increments to the Shiksha Karmis on confirmation of their services as contemplated under rule 7 of the Appointment Rules of Shiksha Karmis; thereafter the increments were released with effect from the date of completion of 1 year of probation. Petitioners are enjoying the benefit based there upon; all of a sudden an order (P-l) dated 8.7.2004 has been issued by the Commissioner of Public Instructions in which it has been directed that the benefit of the increments which has been given to Shiksha Karmis on completion of one year of probation period after confirmation of their services has been extended erroneously; they are entitled for increments after one year of confirmation of their services, hence, the benefit which has been wrongly extended be recovered and the amount be adjusted out of the salary to be paid.
5. M.P. Shaskiya Shiksha Karmi Sanghtan has filed WPs No. 12638/ 04. Shiksha Karmis were appointed in Municipal Council in the district of Damoh on probation of 3 years. Initially the basic of the pay-scale was given; their services have been confirmed. Appointment was made in the pay-scale as prescribed in schedule I of the Rules of 1998. Petitioner Association has filed various circulars. Reliance has been placed on circular dated 30.5.1977 which has been issued in the context of memo dated 9.12.1974. Petitioners have submitted that in accordance with the said circular; on services being confirmed the increments which were not released during the period of probation have to be released on confirmation of their services, for the period of probation, thus, the arrears of increments withheld for want of confirmation were paid rig
