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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed
by GOURI
GOURI
MUDALIAR
MUDALIAR WPS No. 6552 of 2018
Date: 2024.12.01
17:10:28 +0530
Dr. Shrikant Mohre S/o Late K.R. Mohre, Aged About 52 Years Occupation Service,
Presently Posted & Working as Librarian in Government Niranjan Kesharwani
Collage, Kota, District Bilaspur Chhattisgarh. ... Petitioner
versus
1 - State Of Chhattisgarh Through The Secretary, Higher Education Department
Mantralaya, Mahanadi Bhawan Naya Raipur Chhattisgarh.
2 - Commissioner, Directorate of Higher Education, Block - C II nd & III rd Floor,
Indravati Bhawan Naya Raipur Chhattisgarh.
3 - Principal, Government Niranjan Kesharwani Collage, Kota, District Bilaspur
Chhattisgarh.
4 - T. N. Sahu , Assistant Grade I, Government Niranjan Kesharwani Collage, Kota
District Bilaspur Chhattisgarh.
... Respondents
For Petitioner : Shri Sushil Dubey, Advocate.
For State/respondent : Shri Rishab Chandra Singh Deo, Panel Lawyer.
Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board
29/11/2024
Heard.
1. The petitioner has preferred this writ petition against the order dated
18/08/2018 (Annexure P-1) passed by respondent No.3 by which an amount
of increment to the tune of Rs.550/- per month given to him vide order dated
14/07/2000 on account of undergoing family planning operation as per the
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circular of the State Government has been denied. The petitioner availed the
said increment since then, however, suddenly vide order dated 18/08/2018
impugned order was passed directing the petitioner for recovery of an
amount of Rs.1,16,050/- while deducting Rs.11,605/- per month from the
salary of the petitioner from the month of August, 2018. The petitioner was
working as Librarian in the Government Niranjan Kesharwani College, Kota,
District Bilaspur, Chhattisgarh. Since he had undergone family planning
operation, as such, according to the circular of the State Government, he
claimed increment to the tune of Rs.275/- in two counts which the
respondent/authorities have allowed and accordingly from 14/07/2000 he
was given the said increment along with his salary and other benefits. All of a
sudden, on 18/08/2018, the impugned order has been passed, by which, he
was directed for recovery of Rs.1,16,050/- which was directed to be deducted
per month from the salary of the petitioner amounting to Rs.11,605/- from the
month of August, 2018.
2. Learned counsel for the petitioner submitted that the petitioner has been
given increment on account of family planning operation in accordance with
the Government circular and there is no illegality though he has signed in the
letter accepting the said amount that if it will be found to be not in accordance
with law or it has been refused to be paid by the Government, he will return
the same but he is entitled to get the said amount and he has not committed
any misconduct while accepting the said amount. Identical petitions have
been decided by this Court in which the petitions were allowed for the said
increment in WPS No.4486/2005 and WPS No.1273/2013, the case of the
petitioner is identical to that petitions, as such, impugned order may be
quashed and if the amount is recovered from the petitioner, the same be
directed to be refunded back to the petitioner in his account. The petitioner is
still working in the college as Librarian.
3. On the other hand, learned State counsel submits that since the petitioner
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has stated that he will refund the amount if it was found to be incorrectly
given while accepting the said amount, as such, the increment granted to the
petitioner has rightly been withdrawn on the instructions of the higher
authorities, as such, the petition is liable to be dismissed.
4. I have heard learned counsel counsel appearing for the parties.
5. Upon perusal of the documents, it seems that there is nothing to show that
the petitioner has been given increment upon some incorrect statement
made by the petitioner, on the contrary, it is based upon the circulars of the
State Government and there is no any anomaly while granting the increments
to the petitioner. In the identical petitions, this issue have been decided by
this Court and as such, I am of the view that same relief can be granted to
the petitioner.
6. Accordingly, the impugned order dated 18/08/2018 (Annexure P-1) is hereby
quashed. The respondent/authority are directed to grant two increments to
the petitioner to the tune of Rs.550/- from the date 18/08/2018 as has been
granted to him earlier and if the amount of Rs.1,16,050/- has been recovered
from the account of the petitioner, the same shall be returned to him with
interest of 6% per annum from the date of recovery till its returning back to
the petitioner.
7. Accordingly, the petition is allowed.
Sd/-
(Amitendra Kishore Prasad)
Judge
gouri