Sanjay Shrivastava And Others vs State Of M.P. Through School Education Department And Others

The petitioners have been working on the post of Senior Teacher in Education Department, State of M.P. They were appointed in the year 1998 as

Shikshakarmi, Varg-I. On completion of three years of probationary period in the year 2001, they were regularized and granted minimum pay-scale.

They were not granted regular annual increment for the year 1999, 2000 and 2001. Being aggrieved by that, they filed writ petition before this Court.

The said writ petition was disposed of by this Court directing the respondent/s to grant the benefit of regular increment of probationary period of the

petitioners. The petitioners were extended the benefit of increments of probationary period. After long period of 18 years , while revising the pay-scale

of the petitioners in accordance with the recommendation of 6th Pay Commission, the respondents withdrew the three increments granted for the

probationary period and recovery was made. Being aggrieved by this, the petitioners have filed the present writ petition before this Court.

Learned counsel for the petitioners submits that the impugned order of recovery has been passed on 05/02/2019 without granting any opportunity of

hearing to the petitioners. The petitioners, therefore, submitted representation (Annexure-P/2) to the respondent/s, but no action has been taken in that

regard till date, therefore, they have filed the present petition before this Court. He further submits that an appropriate action may be taken by the

respondents to decide their representation in accordance with the judgment passed by this Court.

Learned counsel for the respondent does not oppose the prayer made by the petitioner.

After hearing learned counsel for the parties as also on perusal of the record, present petition is disposed of with the direction to the respondent/s to

consider and decide the petitioners' representation ( Annexure-P/2), in accordance with law, within a period of three months from the date of receipt

of certified copy of this order.

C c as per rules.