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Madhya Pradesh High Court

Mohd. Ali vs The State Of Madhya Pradesh on 12 December, 2022

Author: Nandita Dubey

Bench: Nandita Dubey

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                            ON THE 12 th OF DECEMBER, 2022
                                             WRIT PETITION No. 28478 of 2022

                           BETWEEN:-
                           MOHD. ALI S/O SHRI KADIR, AGED ABOUT 63 YEARS,
                           OCCUPATION: RETIRED DAIRY PARICHARAK FROM
                           THE OFFICE OF PRABANDHAK, SHAHSKIYA KUKKUT
                           PRAKSHETRA, SHAHDOL, R/O GHARROULA MOHALLA,
                           SHAHDOL, DISTRICT SHAHDOL (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI MANOJ CHANSORIYA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL    SECRETARY,      VETERINARY
                                 DEPARTMENT,L MINISTRY, VALLABH BHAWAN,
                                 BHOPAL (MADHYA PRADESH)

                           2.    DIRECTOR, VETERINARY SERVICES, KAMDHENU
                                 BHAWAN, VAISHALI NAGAR BHOPAL (MADHYA
                                 PRADESH)

                           3.    JOINT DIRECTOR, VETERINARY SERVICES,
                                 REWA, DIVISION REWA (MADHYA PRADESH)

                           4.    DEPUTY DIRECTOR, VETERINARY SERVICES,
                                 SHAHDOL,  DISTRICT SHAHDOL (MADHYA
                                 PRADESH)

                           5.    MANAGER, SHAHSKIYA KUKKUT PRAKSHETRA,
                                 SHAHDOL (MADHYA PRADESH)

                           6.    DISTRICT   PENSION   OFFICER,  SHAHDOL
                                 DISTRICT SHAHDOL (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY SHRI NAVIN DUBEY - GOVERNMENT ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: BHARTI GADGE
Signing time: 12/12/2022
5:52:28 PM
                                                                  2
                           following:
                                                                  ORDER

Petitioner is a retired Class-IV employee, who was holding the post of Dairy Paricharak in the respondents-department. He is aggrieved by the order dated 24.02.2022, whereby the respondent has refused to grant the benefit of first and second Kramonnati/time pay scale on the ground that prior to 01.01.2016, there was no provision to grant the benefit of time pay scale to the employees, who were appointed under the work charged and contingency paid establishment.

Learned counsel for the petitioner has placed reliance in the order 15.7.2022 passed by this Court in WP No.14840/2022, wherein this Court has allowed the petition in terms of the order dated 28.9.2021 passed by the Coordinate Bench of this Court in WP No.24226/2019 (Ashfaq Hussain Vs. State of MP & others) and in WP No.24247/2019 (Farooque Hussain Vs. State of MP & others), and directed the authorities to extend the benefit of first and second time Kramonnati to the petitioners, if there is no other legal impediment.

It is submitted that the present petitioner is also similarly situated employee. It is prayed that this petition be also allowed in view of the aforesaid order.

Learned counsel for the State has not disputed the aforesaid fact. Considering the aforesaid, this petition is allowed in the light of the order dated 15.7.2022 passed by this Court in WP No.14840/2022 and the impugned order dated 24.02.2022 is quashed. The authorities are directed to extend the benefit of Kramonnati/time pay scale to the petitioner, if there is no other legal impediment.

The aforesaid exercise be completed within a period of three months from the date of receipt of certified copy of this order.

Certified copy as per rules.

(NANDITA DUBEY) JUDGE b Signature Not Verified Signed by: BHARTI GADGE Signing time: 12/12/2022 5:52:28 PM