@ IN HIGH COUEE OF JUDICAIURE A! BILASPUR (C.G.) $ 1 @ y akjv ‘1‘ mm mmmmn Haw—@2006 Titu Ram Rana, S/o. Late Shri Kaner Singh, Aged about 64 years, Retired Head Master, Govt. Boys Primary School Bogar, Block Bhanupratappur, District Kanker(C.G.). R/o. Karamchari Colony, Bhanupratappur, District Kanker (C.G.) FETITIONER 1. State of Chhattisgarh, Through the Secretary, Department of Schedule Caste Schedule Tribe //, Other Backward Class & other Minority Communitieg Welfare Department, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) 2. ; Assistant Commissioner, Tribal & Welfare Department, Kanker (C.G.) Collector, </’? District Kanker (C.G.) 4. Joint Director, Treasury, Accounts & Pension, Jagdalpur (C.G.) District Treasury Officer, North Bastar, Kanker, // District Kanker (C.G.) 6. Block Education Officer, Bhanupratappur, District Kanker (C.G.) Head Master, Primary School Bogar, Block Bhanupratappur, District Kanker (C.G.) mm pmmron UNDER mrr'm 226/227 or m cousrrmron or INDIA Eon ISSUANCE or mm In mm or mronm mums monrammn m m 0mm surm mm on warms, 0mm OR 0mm, DIRECTION on nmcmfo’lgs ,, HIGH COURT OF CHHATTISGARH: BILASPUR single Bench: Hon’ble shri Satish K. Agihotrl, J. W. P. No. 1459 of 2006 Petitioner ’I‘itu Ram Rana Versus Respondent : State of Chhattisgarh 6a others Smt. Fouzia Mina, Advocate for the petitioner. Shli Arvind Dubey, Panel Lawyer for the respondents. ORDER (Passed on this 7th day of February. 2007) . Learned counsel for the pen'tioner submits that the peu’tioner was appointed as Assistant Master in Government‘Boys Pn‘maxy School Bogar, Block — Bhanupratappur, District - Ranker in the year 1963. Vide cimular dated 30.8.2002 (Annexure P/ 2) the petitioner was granted second up-gladation in the pay scale of Rs. 5500- 175— 9000] - w.e.f. 1. 1. 1998 amt completion of 24 years of service. The petih'oner retired &om service on attaining the age of superannuation on 31.5.2004. Thereafter, by order dated ¢ 28.6.2005 (Annexuxe P/8) the Treasury Ofdcer, North Easter, Kanker was directed to make recoveiy of Rs. 23987/- from the death cum mtitement gratuity (DCRG) amount of the petitioner. . Learned counsel for the petitioner has impugned this order dated 28.0.2005 on the ground that the tecovery has been directed after retirement when the petitioner was granted up—gradation in the pay scale by virtue of the circular dated 10.6.2002. . It is the case of the respondents] State that the said circular has been suspended, thereafter vide order dated 11. 1.2003 (Annexure Rf 1). Themafter, one more circular dated 21.8.2003 was issued wherein it was clearly provided that the revised pay scale of krimonnau' granted up to 31.8.2003 shall not be movemd. Subsequently, vide circular dated 24.4.2006 (Annexure R/3) it was reiterated that the teachers would be entitled to nrst krimonnati a&er 12 years and second krimonnati aiter 24 years of service, in accordance with the terms and conditions as prescribed in the circular dated 19‘4. 1999. '. In View of the circulais dated 21.8.2003 and circular dated 24.4.2006 (Annexure R/S), the petitioner was rightly granted upgraded pay scale, which cannot be recovered after retirement. Learned counsel appearing for the respondents expresses his agreement with the submissions made by learned counsel for the petitioner. . Accordingly, the petition stands disposed of with the direction to the respondents to consider the case of the pen'tioner in the light of the aforesaid circulars and pass appropriate order, in an objective manner, Within a period of six rweeks from the date of receipt of a copy of this order. 6. There shall be no order as to costs. Sd/- Satish K. Agnihotri Judge @