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Madhya Pradesh High Court · body

2010 DIGILAW 890 (MP)

Tej Singh Rathore v. State of M. P.

2010-09-01

S.C.SHARMA

body2010
ORDER 1. The petitioner before this Court a Panchayat Karmi posted as Panchayat Secretary at Gram Panchayat, Amleta, District Ratlam has filed this present petition claiming honorarium, as fixed by the State Government and as revised from time to time by the State Government in respect of Panchayat Karmies. 2. The contention of the petitioner is that initially a sum of Rs. 500/- was' fixed as honorarium. Thereafter the same was revised from Rs. 500/- to Rs. 1,000/- by an order dated 17.8.1998/14.8.1998. The petitioner has further stated that subsequently the same was revised with effect from September 23,2003 to Rs. 1,250/- and with effect from 1.4.2006, the same was revised to Rs. 1,600/-. The petitioner's contention is that by virtue of the executive instructions issued by the State Government from time to time, he is entitled for revision of honorarium. 3. A reply has been filed in the matter and the contention of the respondent State is that the petitioner was not paid revised honorarium, as claimed by him, and therefore, an appeal was preferred by him before the Sub-Divisional Officer and the Sub-Divisional Officer has passed an order in favour of the petitioner on 9.8.2007, directing Gram Panchayat to pay a sum of Rs. 62,000/- to the petitioner. It has also been stated that a sum of Rs. 57,300/- has already been paid to the petitioner and the petitioner has drawn an advance of Rs. 50,000/-, and therefore, the same has to be adjusted from the honorarium, which is to be paid to the petitioner. The respondent State has not denied the enhancement of honorarium, as has been revised from time to time by issuing executive instructions. 4. Heard learned counsel for the parties at length and perused the record. 5. In the present case, it is an admitted fact that initially the honorarium of Panchayat Karmi was Rs. 500/-. The same was revised to Rs. 1,000/- by an order dated 17.8.1998/14.8.1998. Thereafter, it was revised by an order dated 23.9.2003 to Rs. 1,250/- and at present the same has been finally revised by an order dated 1.4.2006 of the State Government to Rs. 1,600/-. Resultantly, as the honorarium has been revised from time to time, there is no reason to deny the benefit of honorarium to the petitioner. 6. Consequently, the present petition is allowed. 1,250/- and at present the same has been finally revised by an order dated 1.4.2006 of the State Government to Rs. 1,600/-. Resultantly, as the honorarium has been revised from time to time, there is no reason to deny the benefit of honorarium to the petitioner. 6. Consequently, the present petition is allowed. The respondents are directed to revise the honorarium of the petitioner, as revised from time to time, as aforesaid. The aforesaid exercise of revising the honorarium in the case of the petitioner shall be concluded within a period of six months from the date of receipt of a certified copy of this order. 7. It is needless to mention that the entire arrears shall also be paid to the petitioner positively within a period of six months from the date of its order and if any amount has already been paid to the petitioner, by virtue of any revision by the respondents, the same shall be adjusted accordingly. 8. With the aforesaid directions, the writ petition stands allowed. No order as to costs.