Madhya Pradesh High Court
The State Of Madhya Pradesh vs Om Prakash Durwar on 20 December, 2017
1 WA.1130.2017
The State of M.P. and others Vs. Om Prakash Durwar
Gwalior, 20/12/2017
Shri Vivek Jain, learned Government Advocate,
for appellants/State .
Shri R.P. Singh, learned counsel for the
respondent.
This appeal under Section 2(1) of Madhya Pradesh Uchcha Nayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, at the instance of State of Madhya Pradesh and its functionaries, is directed against the order dated 08.05.2017 passed in Writ Petition No.836/2013. The Writ Petition, in turn, was directed against order dated 04.01.2013 and for a direction to grant Selection Grade, Senior Grade and Fourth Pay Band with all consequential benefits, interest and cost of the petition.
Respondent (hereinafter referred to as "petitioner") was initially appointed as Librarian in Private College, i.e. Alampur Degree College on 31.05.1979. The said college was taken over by the State Government on 09/08/1983; however, as the services of the petitioner were not absorbed, Original Application was filed before the Madhya Pradesh State Administrative Tribunal at Jabalpur which was later on transferred to the High Court after the closure of Tribunal and registered as Writ Petition No.5649/2003. The petition was decided on 27/01/2009 whereby the non-absorption was found unsustainable. Accordingly, direction was given for absorption, continuation of service, pay fixation, other benefits and 50% of backwages, continuity in 2 WA.1130.2017 The State of M.P. and others Vs. Om Prakash Durwar service. However, as to Selection/Senior Grade the petitioner was not found eligible, accordingly by order dated 04/01/2013 the same was turned down which came to be challenged in Writ Petition No.836/2013. Wherein, the respondents (present Appellants) took the plea that the grant of Selection/Senior Grade is governed by Rules framed under Article 309 of the Constitution, viz, Madhya Pradesh Educational Service (Collegiate Branch) Recruitment Rules, 1990.
It was contended that as per Note to schedule 4 under Rule 15, unless a Librarian has acquired the qualification laid down therein i.e. 8 years' of continuous service and has completed two refresher courses of 4 weeks duration each, and is adjudged suitable by the committee, an incumbent is not entitled for the Senior/Selection Grade. It was contended that the case of the petitioner was placed before the committee after completion of refresher/orientation course in December, 2012. Whereon the Committee found that the petitioner's evaluation report and working experience is not available as he did not work from 1983 to 2009.
Learned Single Judge observing that the petitioner was granted all consequential benefits in W.P.No.5649/2003 held the petitioner entitled for said benefit especially when the petitioner had completed refresher and orientation course.
The relevant provisions of the Rules 1990 which govern the eligibility criteria are in the following 3 WA.1130.2017 The State of M.P. and others Vs. Om Prakash Durwar terms:-
ÞfVIi.kh%&¼1½ lgk;d izk/;kid] ØhM+k vf/kdkjh rFkk xzaFkiky dh T;s"B osrueku rFkk izoj Js.kh osrueku izkIr djus ds fy;s fuEu vg~Zrk, iw.kZ djuk vko';d gksxk%& ¼v½ T;s"B osrueku gsrq%&lgk;d izk/;kid@xzUFkiky@ØhM+k vf/kdkjh dks :- 3000&5000 ds T;s"B osrueku esa inkadu fd;k tkosxk ;fn mlus ¼,d½ fu;fer fu;qfDr ds mijkUr 8 o"kZ dh lsok iw.kZ dj yh gks] ;fn og ih-,p-Mh- vFkok ,e-fQy- /kkjd gks rks Øe'k% 5 rFkk 7 o"kZ dh lsok iw.kZ dj yh gks] ¼nks½ nks iqu'p;kZ ikB;Øeksa esa layXu jgk gks] tks xq.koRrk esa fo'ofo|ky; vuqnku vk;ksx }kjk fufnZ"V ekin.Mksa ds led{k gks] ¼rhu½ mudh dk;Z fu"iknu laca/kh] ewY;kadu fjiksVZ fujarj larks"ktud gks] ¼c½ izoj Js.kh osrueku gsrq%&T;s"B osrueku esa dk;Zjr izR;sd lgk;d izk/;kid@ØhM+k vf/kdkjh@xzaFkiky dks :- 3700&5700 ds izoj Js.kh ds osrueku esa j[ks tkus dh ik=rk gksxh] ;fn mlus&¼,d½ T;s"B osrueku esa 8 o"kZ dh lsok iw.kZ dj yh gks] lgk;d izk/;kid@ØhM+k vf/kdkjh@xzaFkiky ds in ij de ls de 16 o"kZ ih-,p-
Mh-@,e-fQy- /kkjd ds fy;s dze'k% 13@15 o"kZ dh lsok iw.kZ dj ysus okys vf/kdkfj;ksa ds laca/k esa 9 o"kZ dh 'krZ dks flfFky fd;k tk,xk rFkk ¼nks½ T;s"B osrueku esa inkadu ds mijkUr nks iqu'p;kZ ikB;dze@xzh"edkyhu laLFkkvksa esa tks izR;sd yxHkx 4 lIrkg dh vof/k dk gS Hkkx fy;k gks ;k og fo'ofo|ky; vuqnku vk;ksx ds fu/kkZfjr ekudks ds vuq:i leqfpr vuojr f'k{k.k dk;Zdzeksa ls tqM+k jgk gks vkSj ¼rhu½ mldh dk;Z fu"iknu laca/kh ewY;kadu fujarj vPNh gksAß The said norms as evident from record are in consonance with the stipulation contained in the Circular No.F.3-1/94 (PS)-7 dated 19.10.2006, issued by the University Grants Commission, brought on record along with I.A.No.17646/2017 whereby the Assistant Librarian in a university and Librarian in 4 WA.1130.2017 The State of M.P. and others Vs. Om Prakash Durwar college in the Scale of Rs.8000-275-13500 are held eligible for placement in a Senior Scale of Rs.10000- 325-15200 if he/she has:
"(a) completed 6 yeas of service as University Assistant Librarian/College Librarian after regular appointment;
(b) participated in two refresher courses/summer institutes, each of not less than four weeks duration or engaged in other appropriate continuing education programme of comparable quality, as may be specified by the UGC, and consistently satisfactory performance appraisal reports."
The entitlement of these Librarians for Senior Scale of Rs.12000-420-18300 is if they fulfill the criteria, viz:
(a) completed 5 years of service in the Senior Scale provided that the requirement of 5 years will be relaxed if his/her total service is not less than 11 years;
(b) obtained Ph.D. degree or has an equivalent published work;
(c) made significant contribution to the development of Library service in the University as evident from self-assessment, reports of referees, professional improvement in the Library services, etc; as the case may be;
(d) participated in two refresher courses/summer institutes, each of not less than four weeks duration or engaged in other appropriate continuing education programme of comparable quality, as may be specified by the UGC after placement in the Senior Scale; and
5 WA.1130.2017 The State of M.P. and others Vs. Om Prakash Durwar
(e) consistently satisfactory performance appraisal reports."
It is further noticed that State Government through Department of Higher Education by Order No.F-1-35/07/1-38 & dated 19.01.2010 adopted the Career Advancement Scheme w.e.f. 27/07/1998; whereby the stipulation laid down for grant of Senior/Selection Grade were:
^^,d& xzUFkiky egkfo|ky; ds xzUFkiky tks osrueku :0 8000&275&13500 esa gSa] mUgsa ofj"B osrueku :0 10000&325&15200 esa LFkkuu fd;k tkosxk c'krsZ mlus%& d& egkfo|ky;hu xzUFkiky ds in ij fu;fer fu;qfDr mijkaRk 6 o"kZ dh lsok iw.kZ dh gksA [k& nks fjÝs'kj dkslZ@xzh"edkyhu laLFkku esa Hkkx fy;k gks] ftldh izR;sd dh vof/k 4 LkIrkg ls de u gksA x& foxr ikap o"kksZa ds xksiuh; izfrosnu dk ewY;kadu fujUrj vPNk Js.kh dk gksA 2& egkfo|ky; ds xzUFkiky tks ofj"B osrueku esa gSa izoj Js.kh :0 12000&420&18300 osrueku esa LFkku ;ksX; gksaxs c'krsZ mlus& d& ofj"B osrueku esa 5 o"kZ dh lsok vof/k iw.kZ dh gksA ikap o"kZ dh lsok vof/k dks f'kfFky fd;k tk ldsxk c'krsZ mldh dqy lsok vof/k 11 o"kZ ls de u gksA [k& ih-,p-Mh- mikf/k izkIr dh gks vFkok led{k izdk'ku dk;Z fd;k gksA x& egkfo|ky; ds iqLrdky; lsokvksa ds fodkl gsrq fof'k"V ;ksxnku fn;k gks tks fd Lo;a ewY;kadu] fu.kkZ;d eaMy ds izfrosnu] iqLrdky; lsokvksa ds
6 WA.1130.2017 The State of M.P. and others Vs. Om Prakash Durwar O;olkf;d lq/kkj bR;knh gksaA ?k& ofj"B osrueku esa LFkkuu i'pkr~ nks fjÝs'kj dkslZ@xzh"e dkyhu laLFkku eas Hkkx fy;k gks] ftldh le;kof/k 4 lIrkg ls de u gks] vFkok ;w0th0lh0 }kjk fu/kkZfjr vU; led{k fujarj 'kS{kf.kd dk;ZØe ls tqMk jgk gks rFkk lqlaxr ewY;kadu izfrosnu jgk gksA ³& foxr ikap o"kksZa ds xksiuh; izfrosnu dk ewY;kadu fujUrj vPNk Js.kh dk gks 3& izoj Js.kh xzUFkiky tks fd 1-1-96 dks ikap o"kZ iw.kZ dj pqds gksa] dk osru fu/kkZj.k fuEure :-14940 ij fd;k tkosxk tSlk fd iwoZ esa bl foHkkx ds ifji= ,Q&1@233@99@38&1@99] fnukad 11-10-1999 3¼v½ esa jhMlZ ds izdj.kksa esa fd;k x;k gSA^^""
That, the stipulations contained in Clauses 1( [k) and 2(?k) were modified from 4 weeks to 3 weeks refresher/orientation course vide order dated 17.05.2010.
Evident it is from the order dated 04/01/2013 that the claim of the petitioner for Senior/Selection Grade pay was declined as the petitioner was not found having any work experience and work evaluation for the period from 09.08.1983 to 27.01.2009.
There is no denial of the fact by the petitioner of having no work experience and work evaluation to his credit. Though it is contended that since by virtue of the order passed in the Writ Petition No.5649/2003, the petitioner was granted benefit of continuity in service, pay fixation and all other benefits, the petitioner ought to have been treated having the
7 WA.1130.2017 The State of M.P. and others Vs. Om Prakash Durwar work experience. These contentions though attractive do not surpass the statutory stipulations which are not expressly relaxed by order passed in Writ Petition No.5649/2003.
The continuity in service and the fixation and other benefits granted to the petitioner were in context to the post & pay of librarian, which in our considered opinion, will not automatically engraft in the petitioner the work experience of 8 years which he must possess while holding the post of Librarian which he could have only after October, 2017; as the petitioner actually joined the post of Librarian by order dated 01/10/2009.
These aspects having been glossed over by learned Single Judge makes the impugned order vulnerable as could be given the stamp of approval.
Consequently, the impugned order dated 08.05.2017 passed in W.P.No.836/2013 is set aside. However, the appellants are directed to consider the claim of the petitioner for grant of Senior/Selection/Pay Grade on his completion of requisite eligibility.
The appeal is disposed of finally in above terms. No costs.
(Sanjay Yadav) (S.K. Awasthi)
Judge Judge
pd
PAWAN
DHARKAR
2017.12.23
16:03:37 -08'00'