Madhya Pradesh High Court
Bhagwan Singh vs The State Of Madhya Pradesh on 14 July, 2021
Author: Anand Pathak
Bench: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 W.P.No. 2034/2019
( Bhagwan Singh Vs. State of M.P. & Ors.)
Gwalior Bench:
Dated 14/07/2021
Shri Gaurav Mishra, learned counsel for the petitioner.
Shri G.P.Chaurasiya, learned Dy. Government Advocate for
the respondents/State.
With consent heard finally through Video Conferencing. Present petition is preferred by the petitioner being aggrieved by the action / inaction of the respondent authority; whereby, petitioner was denied the benefit of 3rd Time Bound Promotion Pay Scale (Kramonati) despite having good service record of 42 years.
It is the submission of learned counsel for the petitioner that petitioner was appointed on 13/9/1973 by the order of District Education Officer in the office of District Education officer. Petitioner received the benefit of 1st Time Bound Promotion Pay Scale (Kramonati) w.e.f. 15/9/1985 and thereafter 2nd Kromonati vide order dated 5/6/2021 w.e.f. 19/4/1999. It appears that State Government vide circular dated 25/10/2017 extended the benefit of 3rd Kromonati to Sahayak Shikshak and Shikshak on completion of 30 years of service, therefore, petitioner also became entitled for the same benefit after completion of 30 years of service in the pay-scale of Rs. 9,300- 34800/-4200/- (GP) because he completed his 30 years of service on 15/9/2003.
HIGH COURT OF MADHYA PRADESH 2 W.P.No. 2034/2019 ( Bhagwan Singh Vs. State of M.P. & Ors.) Petitioner was earlier promoted but he refused to join the promotional post though no formal order of refusal has been served over the petitioner by the respondent-authority. But orally, they have informed the petitioner that because of refusal of petitioner to join at promotional post, benefit of 3rd Time Bound Promotion Pay Scale (Kramonati) has been denied.
It is the submission of learned counsel for the petitioner that even if, petitioner refused to join at promotional post even then, he is entitled for 3rd Time Bound Promotion Pay Scale (Kramonati). He referred Division Bench decision of this Court in Lokendra Kumar Agrawal Vs. State of M.P., (2010) 2 MPHT 163, in which it has been held that benefit of 3rd Time Bound Promotion Pay Scale (Kramonati) cannot be denied on account of refusal to join the promotional post. He also referred the Division Bench decision of this Court (Indore Bench)dated 21/7/2017 in W.P.No. 793/2017 (Gendalal Arniya Vs. Finance Department & Ors.).
Learned counsel for the State opposed the prayer and submits that petitioner has refused to join the promotional post therefore, he cannot be granted benefit of 3 rd Time Bound Promotion Pay Scale (Kramonati) and he referred clause 13 of HIGH COURT OF MADHYA PRADESH 3 W.P.No. 2034/2019 ( Bhagwan Singh Vs. State of M.P. & Ors.) Circular dated 24/1/2008.
Heard.
This is a case; where, petitioner is seeking benefit of 3 rd Time Bound Promotion Pay Scale (Kramonati) on completion of 30 years of service despite his refusal to join at promotional post. The said aspect has been dealt with by Division Bench of this Court in the case of Lokendra Kumar Agrawa (supra). Para 6 of the said decision reads as under:-
"6. In our opinion, the learned Single Judge has committed an error by holding that the respondents can withdraw the benefit of time bound promotion because the appellant refused to join on the promotional post. On account of refusal to join on the promotional post the appellant has already been suffered by foregoing the benefit which could have been accrued to the appellant due to his promotion on the next higher post. However, under the Executive instructions issued by the Department the benefit of time bound promotion of the appellant could not be withdrawn because it would amount to reduction in pay and the aforesaid action is in violation of Article 311 (2) of the Constitution because the reduction of pay could only be ordered as a consequence of penalty."
Relying upon the said order, coordinate Bench of this Court HIGH COURT OF MADHYA PRADESH 4 W.P.No. 2034/2019 ( Bhagwan Singh Vs. State of M.P. & Ors.) (at Indore) in the case of Gendalal Arniya (supra) has held that merely because the petitioner has refused to join on the promotional post, it cannot be made a basis for non-grant of upgradation.
Here it appears that respondents have tried to withheld the benefits accrued to the petitioner under the time bound promotion scheme and therefore, petitioner cannot be denied the same.
Resultantly, petition is allowed and respondents are directed to consider the case of petitioner regarding upgradation (3rd Time Bound Promotion Pay Scale / Kramonati) on completion of 30 years of service, keeping in view the notification dated 24/1/2008 and 25/10/2017 and it shall not be denied on the ground that petitioner has refused to join the promotional post. Needful be done within three months from the date of receipt of certified copy of this order. Since petitioner appears to got retired in the case, therefore, he shall be entitled for all consequential benefits / pensionary benefits as per law.
Petition stands allowed and disposed of with aforesaid direction.
(Anand Pathak) Judge jps/-
JAI Digitally signed by JAI PRAKASH SOLANKI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH PRAKASH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf SOLANKI 179cec865c7633f4cfb9e38ce14fcbb05b 9522a, cn=JAI PRAKASH SOLANKI Date: 2021.07.20 11:25:52 +05'30'