S.B.Sinha, J. - (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: JUDGEMENT_355_TLPRE0_2007Html1.htm He was later on put in the pay scale of Rs. 4500-125-7000 with one increment as his personal pay. The Government of Madhya Pradesh, however, issued a circular letter on or about 9.2.1999 in regard to the fixation of pay on appointment to the post involving higher duties and responsibilities, stating; When any Government servant is appointed on higher post from one Department of Government to another department of the Government, the following guidelines are being issued State Government regarding pay fixation after careful consideration: i. Transfer from department of the Government to another on higher post shall not be treated as appointment rather posting. ii. On being appointed on higher post the pay fixation of the concerned Government servant shall not be fixed under FR 22(D) or 22(A) rather on pay being drawn by him on lower post. On or about 13.12.2000, the Collector added the word "promotion" in his offer of appointment by way of Corrigendum after the words "until further orders"; In the light of the objection dated 24.10.2000 raised at the time of pay fixation of Sh. Babulal Jain, then Asst. Grade-II/Accountant/now, Election Supervisor, Election Branch, Collecotrate, Dewas (M.P.) partial modification of OM Sr. No. 28.9.98/estab/98 Dewas dated 28.9.98 vide which he was appointed as Election Supervisor on the sanction of the Chief Election Officer (M.P.) the word "promotion" is added after until further order. Rest part of the order shall be effective as usual.
(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. Having regard to the fact that the appellant had filed a representation in respect of the said Order dated 13.12.2001 before the Chief Electoral Officer, Bhopal on 22.12.2001, the Tribunal in view of Section 21(b) of the Administrative Tribunals Act, 1985 dismissed the said application summarily. A Writ Petition filed thereagainst has been dismissed by the High Court by reason of the impugned judgment stating; It is clear from the reply that the original post of the petitioner is Asstt. Grade-II, which is equivalent to Supervisor/Asstt. Superintendent. The petitioner had been given the pay-scale of Accountant/Election Supervisor, on which post he was not promoted as per law. In such circumstances, there is no illegality in the order of refixation of pay. The petitioner was himself working as Accountant. In such circumstances, there is no question for quashing the recovery.;