Madhya Pradesh High Court
Vijay Singh Verma vs The State Of Madhya Pradesh on 13 February, 2012
1
W.P. No. 2290/2012
Vijay Singh Verma & Ors. vs. State of M.P. & Ors.
13.02.2012
Shri S. Baig, learned counsel for the
petitioners.
Shri Piyush Dharmadhikari, learned G.A. for
respondent/State on advance copy.
Heard on the question of admission.
The petitioners, who are Assistant Teachers have filed this petition claiming the benefit of regular pay scale from the initial date of appointment in the light of the order passed by the Division Bench at Indore Bench of this Court, in W.A.No.346/2008 (Smt. Usha Ranawat Vs. State of M.P. and others), dated 18-12-2008. By the aforesaid order passed, more than 25 writ appeals claiming similar benefits were decided and it was directed that the benefit of pay fixation in the regular pay scale from the initial date of appointment shall be made to the petitioners therein. In fact the Division Bench has upheld the orders passed by the learned Single Judge in various cases and while deciding the writ appeals in para-19 the following directions were issued by the Division Bench:
"19. In view of the foregoing discussion, the appeal filed by writ petitioners succeeds and is allowed whereas writ appeals filed by the State are dismissed in limine. Impugned order of Single Bench is modified to the extent that appellant 2 W.P. No. 2290/2012 Vijay Singh Verma & Ors. vs. State of M.P. & Ors.
(writ petitioner) in addition to all benefits awarded by the Single Judge in the impugned order would also be entitled to claim arrears of his salary from the date of his initial appointment. In other words, the appellant will be entitled to claim the benefit of his pay fixation i.e. regular pay scale from the date of his initiate appointment. Let the calculation be made by respondents in the light of appellant's date of initial appointment and accordingly, the arrears payable to appellant towards his salary be paid to him/her in each case, which are subject matter of these appeals within a period of 6 months from the date of this order."
It is, however, observed that the petitioners have directly approached this Court without filing any representation before the authorities.
In view of the aforesaid, the petition filed by the petitioners is disposed of with a direction to the effect that in case the petitioners file a fresh representation before the authorities claiming the aforesaid benefit alongwith a copy of the order passed today and a copy of the petition within three weeks, the concerned authority shall examine the same keeping in mind the decision in the case of Usha Ranawat (supra) with regard to payment of arrears and other benefits also and take a decision thereon 3 W.P. No. 2290/2012 Vijay Singh Verma & Ors. vs. State of M.P. & Ors.
expeditiously in accordance with law preferably within a period of three months thereafter.
However, it is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the representation by passing a reasoned order.
With the aforesaid direction the petition, filed by the petitioner stands disposed of.
C.C as per rules.
( R. S. JHA ) JUDGE mct