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Madhya Pradesh High Court

Smt. Meena Dubey vs The State Of Madhya Pradesh on 5 May, 2016

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                       W.P. No.8075/2016




05.05.2016
     Shri Ashok Kumar Chourasia, learned counsel
for the petitioners.
     Shri Piyush Dharmadhikari, learned Govt.
Advocate for the respondent/State, on advance

copy.

Heard on the question of admission. The petitioners have filed this petition claiming grant of regular pay scale from the initial date of appointment. The benefit is claimed by the petitioners 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 2 W.P. No.8075/2016 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 (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 respondent authorities for mitigation of their grievance.

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 representation before the respondent authorities claiming the aforesaid benefit alongwith a certified copy of the order passed today and a copy of the petition, 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 expeditiously in accordance with law.

However, if on examination the respondents find that for any reason whatsoever, the benefits cannot be extended, they shall record such reasons and communicate it to the petitioner.

With the aforesaid direction the petition, filed by the petitioners stands disposed of.

C.C as per rules.

( R. S. JHA ) JUDGE mms/-