BABULAL JAIN Vs. STATE OF M P

JUDGEMENT

(1.) LEAVE granted

(2.) THE question which has been raised in this appeal arising out of a judgment and Order dated 27.4.2005 passed by the Madhya Pradesh High Court in Writ Petition (Civil) No. 2032/2003 centers around the interpretation of FR 22(D) of the M.P. Civil Services (CCA) Rule. Appellant was working as an Accountant. He was purported to have been recommended for his alleged promotion to the post of Election Supervisor by the Collector, District Dewas (MP) in terms of a letter dated 25.7.1998 addressed to the Chief Electoral Officer, Bhopal in the following terms: <FRM>JUDGEMENT_355_TLPRE0_2007Html1.htm</FRM>

(3.) ON and from 1.1.2000 he started drawing a salary of Rs. 6625/- per month. He was relieved of his duties as Election Supervisor with effect from 31.12.2001 by an Order dated 5.10.2001. ON or about 26.12.2001, his pay was directed to be re-fixed in the light of the said Office Memorandum dated 9.2.1999 as on 1.1.2000 at Rs. 6000 + Rs. 179 as personal pay. It was directed that excess amount paid to him be recovered. He attained the age of superannuation on 31.12.2001. Questioning the said order, he filed an original application before the Madhya Pradesh Administrative Tribunal.