Madhya Pradesh High Court
Rajkumar Mishra vs The State Of Madhya Pradesh on 6 April, 2018
THE HIGH COURT OF MADHYA PRADESH
WP-11870-2016
(RAJKUMAR MISHRA Vs THE STATE OF MADHYA PRADESH)
10
Jabalpur, Dated : 06-04-2018
Shri Rajendra Pandey, Advocate for petitioner.
Shri Anubhav Jain, Government Advocate for State.
In the present case, the benefit of 3rd time scale of pay has been
claimed on completion of 30 years of service in terms of the Circular
sh
dated 30.9.2014. The respondents have filed their reply contending
e interalia that the benefit of the said Circular is available only to the ad employees of the Secretariate in terms of the sanction granted by the Finance Department as per Annexure R/1.
Pr During the course of the hearing, it transpires that the Circular a hy dated 30.9.2014 has been issued by the Finance Department directing applicability of the 3rd time scale of pay to all the employees of the ad State Government serving in the various departments. Clause 5 M specifies a schedule of time scale of pay but its payment is subject to the sanction by the Finance Department. Under such circumstances, on of the basis of the Circular Annexure R/1, it cannot be accepted that the rt benefit of the Circular dated 30.9.2014 is available to the employees of ou the Secretariate.
Facing the said difficulty, learned Government Advocate for the C State prays for time to file additional reply. h It is to be noted here that earlier also, this Court was of the view ig that detailed para-wise reply is necessary and as per order dated H 1.8.2017 subject to imposition of cost of Rs.2000/- payable from the pocket of the Officer-In-Charge of the case, the time to file the para- wise reply was granted but such reply has not yet been filed.
Considering the aforesaid and taking note of the recent policy as issued by the Government, for the case management in the matter where the Officer-In-Charge of the case is not turning up to file the reply even after imposition of the cost by the Court, may be looked into by the Advocate General of the State of Madhya Pradesh In the interest of justice, subject to imposition of further cost of Rs.2000/- payable from the pocket of the Officer-In-Charge of the case, the time upto 25.4.2018 to file para-wise reply is allowed to the other side. In case the para-wise reply is not filed and the cost of Rs.2000/-(as earlier ordered)+Rs.2000/- (as directed hereinabove) totaling to Rs.4000/- is not deposited or the reply is filed without depositing the said cost, the reply shall not be taken on record. In case the aforesaid amount of cost is deposited and reply is also filed within the time so specified, the same shall be taken on record so that hearing of this case could be possible on the next date of hearing.
Put up on 25.4.2018.
sh Let typed copy of this order be supplied to learned Government e Advocate for the State for communication & compliance.
ad Pr (J.K. MAHESHWARI) JUDGE a hy Digitally signed by AMIT JAIN ad Date: 2018.04.09 13:25:57 +05'30' amit M of rt ou C h ig H