ORDER

This petition coming on for admission this day, the court passed the following:

ORDER

1. Petitioner before this Court who is working on the post of an Instructor in the services of State of M.P. has filed the present petition being aggrieved by the order dated 24.05.2012 and 25.06.2012 passed by respondent No.2 on the basis of objection raised by respondent No.3 dated 30.03.2022 by which the benefit granted to the petitioner for grant of benefit of two advance increments has been withdrawn and also recovery has been ordered of an amount in the sum of Rs.40,338/-.

2. The facts of the case reveal that petitioner was appointed on the post of Class-IV Choukidar by order dated 11.04.1990 and eventually as an Instructor by order dated 05.07.1995 (Annexure P/4). The wife of the petitioner underwent family planning operation on 30.03.1994 after having two living children. The case of the petitioner was considered by the respondents and he was granted increments w.e.f. 01.07.1997 by order dated 14.12.1998 (Annexure P/8). The aforesaid increments granted to the petitioner have been withdrawn by the impugned orders.

3. The stand of the State Government is that the petitioner was appointed on the post of Chaukidar/Instructor on contractual basis and therefore the benefit was wrongly granted to him. It is further stated that the petitioner was regularized on 01.01.1997 i.e. subsequent to the date when the family planning operation of his wife was conducted hence he was not entitled to the benefits.

4. The controversy involved in this petition has already been addressed and decided by this Court by order dated 19.02.2018 passed in W.P. No.3680/2017 (Swatantra Shrotriya V/s. State of M.P. and Others) in which it has been held as under :- “Undisputedly, the petitioner was later on regularized in the service of the State Government and he is working as Adhyapak. The circular on record which entitled an employee for grant of advance increment, specially Shikshakarmi is dated 16/6/2006 and the relevant part reads as under:-

^^fo"k; %& xzhu dkMZ /kkjd f'k{kkdfeZ;ksa dks vfxze osruo`f) Lohd`r fd;s tkus ds laca/k esa A jkT; 'kklu }kjk ifjokj dY;k.k dk;Zdze ds varxZr 'kkldh;

lsodksa ds laca/k esa lkekU; iz'kklu foHkkx }kjk tkjh ifji= Ø- lh&3@9@2001@1@3- fnukad 07-08-2001 ds vuqlkj f'k{kkdfeZ;ksa dks Hkh Lo;a ;k ifr@ifRu dh ulcanh djkus ij izksRlkgu Lo:i nh tkus okyh vfxze osru o`f);ka fuEu 'krksZ ds v/khu Lohd`r djus dh lgefr iznku dh tkrh gS %& 1- ,d thfor cPps ds ckn Lo;a ;k ifr@ifRu dh ulcanh djkus ij nks vfxze osru o`f) Lohd`r dh tk;sxhA 2- nks thfor cPpksa ds ckn Lo;a ;k ifr@ifRu dh ulcanh djkus ij ,d vfxze osru o`f) Lohd`r dh tk;sxhA 3- nks f'k{kkdehZ vkns'k tkjh gksus ds i'pkr~ xzhu dkMZ izkIr djsaxs mUgs Hkh vfxze osruo`f) dk ykHk ns; gksxkA 2- ;s funsZ'k tkjh gksus ds fnukad ls ykxw gksaxsA 3- ;g vkns'k foRr foHkkx ds i`"Bkadu Ø- 1126@06@fu@pkj- fnukad 07-06-06 }kjk egkys[kkdkj dks i`"Bkafdr fd;k x;k gSA**”

The aforesaid circular provides for grant of two advance increments to Shikshakarmi. Another clarification was issued on 13/10/2009 (Annexure P-3), the relevant part reads as under :-

^^fo"k; % xzhu dkMZ/kkjd f'k{kkdfeZ;ksa@v/;kid laoxZ dks vfxze osruo`f) Lohd`r fd;s tkus ckcrA foHkkx ds ifji= Øekad ,Q 1&10@2005@20&1] fnukad 16- 06-06 }kjk xzhudkMZ/kkjd f'k{kkdfeZ;ksa dks vfxze osruo`f) Lohd`r fd, tkus ds laca/k esa vkns'k tkjh fd, gSA izns'k esa fnukad 01-04-07 ls f'k{kkdfeZ;ksa ds lafofy;u ,oa lafonk 'kkyk f'k{kdksa dh fu;qfDr ls v/;kid laoxZ dk xBu fd;k x;k gSA jkT; 'kklu }kjk fu.kZ; fy;k x;k gS fd xzhu dkMZ /kkjd f'k{kkdfeZ;ksa dks vfxze osruo`f) Lohd`r fd, tkus ds laca/k esa fuEukuqlkj dk;Zokgh dh tk, %& 1- f'k{kkdehZ@v/;kid laoxZ ds :i esa dk;Zjr jgrs gq;s ifjokj fu;kstu ds fy;s vkijs'ku djokus okys f'k{kkdfeZ;ksa@v/;kid laoxZ dks vfxze osruo`f) dh ik=rk gksxhA 2- fnukad 16-06-2006 ds iwoZ ifjokj fu;kstu vkijs'ku djokus okys v/;kidksa dks fnukad 16-06-2006 ls ,oa bl fnukad ds mijkar if