IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI

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ON THE 15 OF JANUARY, 2026 WRIT PETITION No. 20834 of 2021 SMT. BINDU MATHUR Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Mr. Manish Gurjar - Advocate for the petitioner.

Mr. Sohit Mishra - GA for the State.

ORDER The petitioner has filed this writ petition challenging the order dated

31.08.2021 (Annexure P/1), whereby the benefit of two advance increments, earlier granted to her, has been withdrawn on the ground that on the date she was awarded the Presidential Medal, the petitioner was not in service. A direction for recovery of the excess amount paid to the petitioner was also issued. The petitioner has also challenged the order dated 22.09.2021 (Annexure P/2), whereby an order for recovery of the excess amount paid to the petitioner has been passed by the District Education Officer, Morena. Vide order dated 07.12.2021, this Court stayed the operation of the order dated 22.09.2021.

2. The facts necessary for the decision of this case are that the petitioner was awarded the Presidential Medal for Scouts & Guides by the Hon'ble President of India on 28.11.1988. She was later on appointed to the post of Shiksha Karmi Grade-III by order dated 28.08.1998. Thereafter, she was absorbed in Adhyapak cadre on the post of Sahayak Adhyapak by order dated 27.08.2007 and was subsequently appointed as Primary Teacher on

02.01.2019.

3. The State Government passed an order dated 24.09.2003 providing for grant of two advance increments to employees who have been awarded the Presidential Medal, and one advance increment to those who are awarded the medal at the State level. Since the petitioner was having Presidential Medal of the year 1988, she was given the benefit of two advance increments vide order dated 18.12.2008.

4. It appears that a complaint was made against the petitioner by one Dharmendra Chaturvedi regarding grant of two advance increments. Pursuant thereto, the petitioner was directed to submit the original certificate vide order dated 30.11.2019, which she submitted by way of application dated 03.12.2019.

5. Thereafter, the impugned order dated 31.08.2021 came to be passed by the Chief Executive Officer, Zila Panchayat, Morena, whereby the benefit of two advance increments granted to the petitioner, was withdrawn by cancelling the order dated 18.12.2008. Further, a direction for recovery of the excess amount paid to her, was also issued. The aforesaid action was taken on the ground that in the year 1988, when the Presidential Medal was awarded to the petitioner, she was not in service. As a result of passing of order dated 31.08.2021, the District Education Officer passed a subsequent order dated 22.09.2021, directing recovery of the excess amount. Aggrieved by both these orders, the petitioner has filed the present writ petition.

6. Learned counsel for the petitioner submitted that since the petitioner was awarded Presidential Medal, she was rightly granted the benefit of two advance increments in terms of the order of the State Government. He vehemently argued that withdrawal of the benefit of increments has resulted in reduction of the petitioner’s pay in the pay scale and, therefore, no such action could have been taken without conducting a proper inquiry. Referring to the impugned order, learned counsel submitted that some inquiry appears to have been conducted behind the back of the petitioner, on the basis of which the impugned orders have been passed. It was thus contended that the impugned action is illegal, arbitrary, and deserves to be set aside.

7. On the other hand, learned counsel for the respondents supported the impugned orders. Referring to the order dated 24.09.2003, he submitted that the benefit was available only to those teachers who were awarded the Presidential Medal while in service. It was further submitted that since the petitioner was not in service when the Presidential Medal was awarded to her, she was not e