Madhya Pradesh High Court
Public Health Engineering Department vs Vikram Das Vairagi on 22 June, 2018
1
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
W.A.No.1100/2017
Indore, dated 22.06.2018
Shri Bhuwan Gautam, learned Govt. Advocate for
the appellant/State.
Shri Sanjay Zamindar, learned counsel for the
respondent.
Heard on I.A.No.16000/2017, an application for condonation of delay in filing the writ appeal.
After hearing learned counsel for the parties, the delay is condoned and I.A. No. 16000/2017 stands allowed.
Learned counsel for the respondent has drawn attention of this court in respect of order passed in the case of Jagdish Mathur in writ appeal No. 452/2015 which has been relied upon by the learned single Judge. The order passed in writ appeal No.452/2015 dated 09.02.2016 reads as under:
" Appellants is partly aggrieved by the order dated 06.08.2015, passed in W.P.No.4649/2014 whereby the learned writ court set aside the recovery proceedings for recovery of a sum of Rs. 30,371/, but held that vide order dated 09.02.2012 (Annexure P/3) the appellant was granted the pay scale of Rs. 2750-4400 w.e.f. 02.09.1998 whereas he was entitled to the scale of Rs. 2550-3200. It is this part of the order by which the appellant is aggrieved.
Learned counsel for the appellant has drawn our attention to the page-51 Letter No.8152, Bhopal dated 04.09.1996 of Engineer-in-Chief/PHE Department, Bhopal whereby the State Government, after obtaining approval from the Finance Department revised a pay scale from time to time, as is evident from the aforesaid letter. Relevant of the letter dated 04.09.1996 reads as under:-
izdj.k esa e/;izns'k 'kklu] foRr foHkkx ds vf/klwpuk Øekad 605@2099@77@vkj 1@pkj] fnukad 1-8-77 ds ifjf'k"V esa iqujhf{kr osru fu/kkZj.k ds 2 HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE fu;e&3 ds vUrxZr VsyhQksu DydZ ds LFkku ij VsyhQksu vVsUMsUV dk uke fn;k x;k Fkk ftldk osrueku :i;s 90&170 fnukad 1-1-74 ls ns; FkkA e/;izns'k dk;ZHkkfjr rFkk vkdfLedrk ls osru ikus okys deZpkjh osru iqujhf{kr fu;e 1984 tks e/;izns'k foRr foHkkx ds vf/klwpuk Øekad 525&4323 fu&1@pkj fnukad 3-3-84 }kjk ykxw fd;k x;k Fkk] fnukad 1-4-82 ls izHkko'khy ftlds vuqlkj osrueku 90&170 dks iqujhf{kr osrueku :i;s 445&635 esa ekU; fd;k x;kA e/;izns'k dk;ZHkkfjr rFkk vkdfLedrk ls osru ikus okys deZpkjh osru iqujh{k.k fu;e 1967 tks foRr foHkkx ds Kkiu Øekad 411&1628&87&fu&1@pkj] fnukad 3-8-87 }kjk fnukad 1-1-86 ls ekU; fd;k x;k ds vuqlkj osrueku :i;s 445&635 dks osrueku :i;s 775&1200 ekU; fd;k x;kA bl osrueku dks iqu% iqujhf{kr djrs gq;s e/;izns'k dk;ZHkkfjr osru iqujhf{kr fu;e 1990 tks foRr foHkkx ds Kkiu Øekad 114&90&fu&1&pkj tks e/;izns'k jkti= esa fnukad 3-5-90 dks izdkf'kr fd;k gS dks fnukad 1-1-86 ls ykxw fd;k x;k] ds vuqlkj osrueku :i;s 775&1200 dk osrueku :i;s 825&1200 ekU; fd;k x;kA From the aforesaid, it is not in dispute that from 01.01.1986 pay scale was revised to 825-15-900-20-1220.
Thereafter, as per schedule of Rule-4 of Seva Dainik- Karyabharit Tatha Akasmikta Karmachari Niyam, pay scale of 825-15-900-20-1220 was revised to 2750-70- 3800-75-4400 w.e.f. 01.01.1996 though the notification was issued on 26.06.1998.
In view of the aforesaid, no further approval from the Finance Department as raised by the State before the writ Court is required. Accordingly, the impugned order is partly set aside with a direction that the appellant was rightly granted pay scale of Rs.2750- 70-3800-75-4400.
In the result, the writ appeal is allowed to the extent as indicated hereinabove, but without any order as to cost."
The aforesaid order order was challenged by the State of Madhya Pradesh before the Hon'ble Supreme Court and the Hon'ble Supreme Court vide order dated 08.08.2017 has dismissed the Special Leave Petition and costs of Rs. 50,000/- imposed upon the respondent. The order dated 08.08.2017 passed by Hon'ble Supreme Court reads as under:
" There is delay of 396 days in filing and 42 days in refiling the special leave petition.
The special leave petition is dismissed on the ground of delay with costs of Rs. 50,000/- to be paid by the 3 HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE petitioner to the Supreme Court Legal Services Committee within four weeks from today for utilization of juvenile justice issues."
In light of the aforesaid order passed by Hon'ble Supreme Court, in identical case, wherein even costs has been imposed, the writ appeal preferred by the State of Madhya Pradesh is dismissed.
(S.C.Sharma) (S.K. Awasthi)
Judge Judge
praveen
PRAVEEN KUMAR
Digitally signed by PRAVEEN KUMAR NAYAK
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=f4902b436d1d0dce8768c20036c3d2c8a26cffa2ced3b40526964d4a3 NAYAK 85d75e5, 2.5.4.45=03210043216CF163764BB1153BD86524A8D83B17A18941568872A A45E8BF9CEEF01A15, cn=PRAVEEN KUMAR NAYAK Date: 2018.06.23 16:35:04 +05'30'