Madhya Pradesh High Court
Dr. Ganga Prasad Aharwal vs The State Of Madhya Pradesh on 27 February, 2020
Author: Rohit Arya
Bench: Rohit Arya
1 WP-14286-2009
The High Court Of Madhya Pradesh
WP-14286-2009
(DR. GANGA PRASAD AHARWAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 27-02-2020
Shri Vijay Kumar Mourya learned counsel for the petitioner.
Shri Anuj Agrawal learned Govt. Advocate for the respondent/State.
The petitioner, serving as a Vaidya (doctor) is before this Court with a grievance that he has not been extended the benefit of revision of pay scale and increment in terms of Revision of Pay Rules 1990 on the due date ever since 1991 and, therefore, prays for a direction for revision of his pay and allowances, retrospectively.
The learned Govt. Advocate appearing for the respondent/State has raised a preliminary objection referring to the order dated 15.4.2004 passed in W.P No.1790/2004.
For ready reference the order is quoted below:-
"The grievance of the petitioner is that though he has served for 31 years in the Health Department but no promotion is being given to him. Mr. Tiwari, learned counsel for the petitioner, eventually restricted his prayer for issue of a direction to the respondents No.1 and 2 to consider the case of the petitioner in accordance with the time bound upgradation/promotion scheme.
If such a scheme is in force and the petitioner fits into the same, his case shall be considered within a period of three months from the date of the receipt of the order passed today. The writ petition is, accordingly, disposed of."
The learned Govt. Advocate submits that the petitioner has abandoned his claim of wrong fixation and non-extension of benefit of revised pay scale and the relief granted by this Court was only to consider his case for time bound upgradation/promotion scheme, therefore, the grievance as canvassed during the course of hearing cannot be countenanced. Referring to the Digitally signed by MONSI M SIMON Date: 28/02/2020 22:58:37 2 WP-14286-2009 counter affidavit on record, the learned Govt. Advocate submits that the benefit of pay upgradation under the scheme floated in the year 1997 for the Ayush Department has been extended to the petitioner and no illegality can be attributed thereto. There is no rejoinder to the counter-affidavit filed on record.
In view of the aforesaid facts and circumstances, no further indulgence is warranted.
Writ petition sans merit and is hereby dismissed.
(ROHIT ARYA) JUDGE mms Digitally signed by MONSI M SIMON Date: 28/02/2020 22:58:37