RAMRAJIDUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) THE original petitioner, Late Hiralal Dubey, knocked at the doors of Madhya Pradesh Administrative Tribunal (in short 'the Tribunal') in O.A. No. 46/2000 for quashment of the order dated 31 -1 -2000 and certain other orders passed by the Principal, Government College, Mauganj, District Rewa, and further to issue direction to the respondents to pay him salary continuously, by fixing it at the proper stage. During the pendency of the matter before the Tribunal the original petitioner breathed his last and his legal heirs were brought on record. After abolition of the Tribunal the matter has been transferred to this Court.

(2.) THE facts which are requisite to be stated are that the original petitioner was appointed as PTI in Shaheed Kedar Nath Mahavidyalaya, Mauganj, District, Rewa, on 30th July, 1971. By letter dated 18 -6 -1974 his case was recommended by the Principal, Government College, Mauganj to the Principal, Tatya Tope Sharirik Prashikshan Mahavidyalaya, Shivpuri recommending his case for training. The original writ petitioner passed the training in Sharirik Shiksha Praman Patra in the year 1975 from the Board of Secondary Education. He completed his graduation in the year 1975 from Awadhesh Pratap Singh University, Rewa. The M.P. Higher Education Grant Commission issued a letter on 17 -9 -1980 by which it was informed that the petitioner should pass D.P.Ed, by June, 1982. As pleaded, he passed his post -graduation in Sociology in the year 1991 from the aforementioned University. According to the original writ petitioner, Shaheed Kedarnath Mahavidyalaya, Mauganj, District, Rewa, was absorbed by the Government by order dated 31 -1 -1981. The petitioner submitted an application for grant of permission to avail training in B.P.Ed, on 20th April, 1982 and his application was forwarded to the Competent Authority by the Principal. As set forth the petitioner was sent for training to Rani Durgavati Vishwavidyalaya, Jabalpur, as per Annexure -A/12. It is contended that by letter dated 23 -5 -1987 the Principal, Government College, Mauganj, ordered to pay the scale of Rs. 700 -1600 to the late petitioner as per Annexure -P/13. The UGC payscale of Rs. 2200 -4000 was given to him since 1 -1 -1986. The Principal issued a letter on 13 -1 -2000 cancelling the order dated 23 -5 -1987 by which the payscale of Rs. 700 -1600 was given with effect from 9 -7 -1984 and payscale of Rs. 2200 -4000 was given to him from 1 -1 -1986. It has been further stipulated therein that he would be given the payscale of Rs. 250 -400 as revised at Rs. 550 -900 and revised to Rs. 1700 -3000 from 1 -1 -1986 and further directed recovery of excess payment made towards salary. Further order was passed for recovery of the amount from salary commencing 2 -9 -1983 to 2 -5 -1984. It is urged in the petition that as per circular dated 16 -10 -1990 the original petitioner was entitled to get the payscale of Rs. 2200 -4000 but without any rhyme or reason recovery had been directed. The said circular has been brought on record as Annexure -A/17. It is contended that the orders had been passed on the basis of the recommendation of the Principal after due deliberation of facts and, therefore, the reduction of payscale and taking steps for recovery are absolutely unjustified and unsound. The petitioner was given payscale of Rs. 700 -1600 from 9 -7 -1984 and Rs. 2200 -4000 from 1 -1 -1987 as he had fulfilled the requisite qualification of Sports Officer and, therefore, the order directing recovery is unsustainable.

(3.) A rejoinder affidavit has been filed by the petitioner setting forth that he was never informed regarding complaint and inquiry and without hearing him the order had come into existence. It is urged without calling for explanation such an action should not have been taken.