Madhya Pradesh High Court
Banshi Lal Sareyam vs The State Of Madhya Pradesh on 12 January, 2015
WP.No.344/2015
12.01.2015
Mr. Rajneesh Vishwakarma, learned counsel for the
petitioners.
Mr. Akhilesh Singh, learned P.L. for the respondents-
State.
The petitioners claim 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 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."
Keeping in view the aforesaid, respondents are directed to extend to the petitioners the benefit of pay fixation as has been extended in the case of Smt. Usha Ranawat (supra), with regard to payment of arrears and other benefits also.
However, if on examination respondents find that for any reason whatsoever, the benefit cannot be extended, they shall record such reasons and communicate it to the petitioners.
The petition stands allowed and disposed of with the aforesaid.
Certified copy as per rules.
(Shantanu Kemkar) JUDGE as