K- /^3 ^.^ IN THE H1GH. COURT OF .TOEICATURE SMYh PRAD'&SH: JAB.ALPUR l"JRIT PETITION N0._V3 8 /l 997 ^- Alok Kumar Soor^ Accounts Officer.^ Municipa-1 Council^ J'agdalpur^ S/o Shri K.P^Soor^ aged 41 yee.rs, PBTITIONER V3RSUS ^ l^ State of Madhya Pradesh^ V^(Aoly Through: Secretary, Local ^2» Director^ Local Self-Government^ ^^ Madhya Pradesh^ Bhopal<» ^^^^..jL:-^ ^3. Chief Municipal Officer7 S2- N^ Municipal Council^ Jagdalpur. i/ 4^ Chlef Executive Officer^ Sub Area Developmenfc Authority, Chirimiri,, . »,.RESPONDENTS ^LJ.J^L.' p2Tr N UNDSR ARTICLES 2.26 AM3 227 OF THE ^^ ^ CQNSTITUTI ON'OF--iroiA' AF^ FIIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. 438 of 1997 Petitioner: Alok Kiimar Soor Vei'sus Respondents: State of Madhya Pradesh otlicrs Siisgle Beiich; Hosiyble Mr. Justice Satish K. Agaihotri, Shri P. S, Koshy, Advocate for thc pctitioncr, Shri A. S. Kachwaha, Govt, Advocate for the respondents No. 1 and 2. Shri Saojay K, Agarwal, Advocate for tte rcspondente No,3 & zf^ ORDER ( 4*h necember, 2006) The followiag oixler oftlie Coml was passed by Satfoh K. Agaihotri, J, 1. The petitioner was appointed as Assistant Accountaiit/Head Assistaat iii tlie year 1976. In Jiify, 1992 fhe pefitioner was prouioted to the post of Assistant Accoiints Officer and on 25.11.1992 (Annexure A/5) fhe petitioner was proinoted to the post of Accounts Officer. 2- Thereafter, iii Jufy, 1996 fhe office of the Deputy Director, Audit i^dsed objection to ftie proniotioD of the petitioner on tlie post of Accounts Officer for fhe reason tiiat fhere was no sanctioned post of Accounts Officer. As such, the difference of the amount of fhe salary for fhe post on which fhe petitioner was working i.e. Assistaat Accounts Officer and the post on which the petitioner was pronioted w.e.f. 25,11,1992 ie. Accounts Officer was to be recovered. ^^fe- 3. Learned counsel fi>r tiie petitioner submits that the petitioner subniitted his representatioii to flie audit objection on 4,11.1996 (Aniiexure A/6). The petitioner has j51e.d this petitioa for quashing of the oiders dated 29.7.1996 (Annexurc A/l), 7.11.1996 (Amiexm'e A/2), 17.10.1996 (Annexurc A/3) and 23.12.1996 (Annexure A/4) whereby recovery of fhe paynients made to fhe petitioner, consequent to his promotion 011 the post of Accounts Officer w.e,f. 25.11.1992, has been directed by the respondente after due enquiry aad calciilation, 4. Leanied counsel for fhe petitioner subniits that when the petitioner was promoted on tiie post of Accouiits Officer, he was posted at Special Area Development Authority, Chinimi. Thereafter, the petitioner was transferred to JagdalpiiT, where lie was workuig since 3,2.1996. He farther subniits that the proniotion of tbe petitioner was niade as per the Rzzles and Circiilars of fhe Govenimeiit aad smce 3.2.1996 the petitioner was posted at Jagdalpiir, agamst vacant post of Accounts Officer, He next submits that fhe petitioaer has actuaUy performed his cluties of the post of Accounts Officer. Thus, fhe rcspondents are not entifled to recover aay aoiount which was paid to the petitioner for performmg the duties on the post of Accounts Officer. 5. On the ofher hand, leanied counsel for the respoudents opposed the submissions made by leamed counsel for fhe petitioner. 6. The; Suprcme Court ia tlie case of Sahib Ram Vs. State of Haryasxa asid others1 ia para 5 has held as iiader:- <y5, Admittedly the appellant does iwt possess ifze recjuired eduwdioi^al quctlifioations, Ufzder the drcumstwwes '•^ the appellant would rwi be entiiled to ihe reldX€dion. The Pmidpal efred in grwzting him tlze relajaition. Since ihe date of relcixation ihe appellmii had been paid his salmy on the revised scale. Howez^er, it is no< on awount of afiy tnisrepresentation made by tfw appellant that tfw betwfii of tfze Hgfwr pay soaie was given to hijn but by wrong consttziction made by tfw Ptifwipal for which ilw appellani caniwt be held to be at fcsult Under ilw drcumstafwes the amount paid till daie may nof be reo^vered from ihe appellant^....^.^^^ 7. The Supreme Court in fhe case of Pursliottam Lal Das fls Others ^e The State of Bihar & <M;liers2 after consideiiag ffae decisions of fhe Supreme Court m the cases of Sahib Ram v. State of Haryana1, Bihar State Electaricity Board aad Anr. V. Bijay Bhadur and Anr.3, and State of Karnata^ aad Anr. V. Mangalore Uaiverstty Non-teachiag Bmployees* Association asad <Srs»4 has obser^ed fhat no recoveiy shall be miade fs'oisi tfae amounts already paid m respect of the promotional posts. However, no arrears or ofher finaacial benefite shaU be granted in respect offhe concemed period, 8. This Court in tfae case of Vidyadhar Ttwarl Vs. State of CI&hattis^rh fi& others5 has held tliat for fhe excess pa}rment, if aay, made to the petitioner, he was uot at fault aiid fhe asiioiuit rcceived by him might have been used by adjustmg himself accordingly treating flie saine as his salaiy. At this stage, directing recoveiy of the alleged excess aaiount from fhe peiisionaiy beiiefits offhe petitioner w31 not be just a&d ppoper. 9. In the present case, fhe petitioner was pronioted 0x1 tiie post of Accoiuits Officer on 25.11.1992. Thereafter the petitioiier was toraasferred also froin one area to ofher area i.e. on 3,2.1996 fhe ^-- petitioner was transferre.d to Jagdalpur aad worked on the vacant post of Accounts Officer. The petitioner has been continziing as Accounts OfiScer, even today. Thus, I aia of fhe considercd opiaion that tlierc was no fault on the part of fhe petitioner, on the ofher hand, admittedly, the petitioner had performed his duties 011 the post of Accounts Officer, There is no occasion for directmg for recoveiy ofamount fi-om the petitioner. 10. In view of flie forcgonig, fhe petition is allowed, The impiigned ordera dated 29.7.1996 (Annexure A/l), 7.11.1996 (Annexure A/2), 17.10.1996 (Amiexure A/3) and 23.12.1996 (Aniiexare A/4) are quashed. Therc shatl be no order as to coste. Sd/- Satish K. Agnihotri Judge { 1995 Supp (1) S.C.C. 20»}, {JT 2006 (12)805812} { 2000(10)8cc 993}, {JT 2002 (2) SC 419; 2002 (3) SCC 302-) {2006 (1) M.P.H.T. 105 (C.G.p} Thakur