IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE ON THE 4TH OF JULY, 2023 WRIT PETITION NO.19412 OF 2022 BETWEEN:-

BHUPENDRA RATHORE S/O SHRI RAMBABU RATHORE, AGED ABOUT 28 YEARS, OCCUPATION: SERVICE RESIDENT OF ESI HOSPITAL CAMPUS QUARTER NO.B-8 TANSEN ROAD, GWALIOR (MADHYA PRADESH)

….....PETITIONER (BY SHRI NITIN AGRAWAL – ADVOCATE)

AND

1. STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF LABOUR, VALLABH BHAWAN, BHOAPL (MADHYA PRADESH)

2. DIRECTORATE, E.S.I.S. NANDNAGAR, INDORE (MADHYA PRADESH)

3. JOINT DIRECTOR (TREASURY), MOTI MAHAL GWALIOR (MADHYA PRADESH)

4. DEPUTY DIRECTOR, E.S.I.S. PHALKA BHWAN, PHALKA BAZAR, GWALIOR (MADHYA PRADESH)

5. INSURANCE MEDICAL OFFICER, E.S.I.S.

GWALIOR CENTRE, PHALKA BAZAR, GWALIOR (MADHYA PRADESH)

6. BHUPENDRA SANKWAR S/O NOT KNOWN (SAS) OFFICE OF JOINT DIRECTOR TREASURY MOTI MAHAL GWALIOR (MADHYA PRADESH) ….....RESPONDENTS (BY SHRI DEEPAK KHOT - GOVERNMENT ADVOCATE)

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This petition coming on for admission this day, the Court pronounced the following:

ORDER

The present petition, under Article 226/227 of the Constitution of India, has been preferred by the petitioner against orders dated 20.05.2022, 22.06.2022, 27.07.2022 and 16.08.2022 passed by the respondents whereby recovery of increments on the basis of objections raised by the treasury was direced to be made and had prayed for following reliefs:

''In the light of foregoing facts and circumstances it is prayed that the remark of treasury dated 20.05.2022 requiring CPCT for increments be quashed along with the consequential orders being Annexure P/1, P/2 and P/3 be also quashed with the directions to the respondents to do the pay fixation of the petitioner treating him to be entitled for increments from January 2017.''

[2] The brief facts of the case are that on 05.03.2016, the department of the State Employees State Insurance Services (ESIS) had published an advertisement for the post of Assistant Grade-III in handicapped quota vide advertisement dated 05.03.2016. In the advertisement, one of the requirements for the candidates was to possess Hindi Typing and since the petitioner had fulfilled all the qualifications, therefore, after the interview as per the merit list, the petitioner was appointed on the post of AG-III vide appointment order dated 16.05.2016 and in pursuance to the aforesaid appointment order, the petitioner submitted his joining on 06.06.2016.

[3] The petitioner after joining successfully had completed the period of probation and was confirmed vide letter dated 15.10.2018 with clear stipulation that the petitioner is entitled for increments after one year from the date of his joining i.e. 06.06.2016. In terms of the letter of confirmation, fixation of salary of the petitioner was done by the department vide order dated 30.11.2018. In the year 2020, even the department of treasury gave its stamp of approval to the fixation of pay- scale and grant of increment to the petitioner from the year 2017. Also on the Integrated Financial Management Information System (IFMIS) portal, information with regard to fixation of pay-scale and grant of increments from the year 2017 to the petitioner was uploaded and approved by the treasury dated 20.01.2020.

[4] At the time of computing the arrears of 7th pay commission since the department had calculated the same from July, 2017 instead of January 2017, therefore, the petitioner had raised an objection to the same to which the department amended the computation and made it from 01.01.2017, but when the service book was sent to the treasury vide letter dated 24.12.2020, the same was returned with the remark that certificate of CPCT be submitted. The department intimated the petitioner about the remark of treasury pursuant to which the petitioner even successfully completed CPCT on 27.12.2021.

[5] Because of the remark made by the treasury service book of