Madhya Pradesh High Court
Hariram Patel vs The State Of Madhya Pradesh on 20 July, 2015
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W.P. No.3128/2015
20.7.2015
Shri Rahul Sethi learned counsel for the petitioner.
Shri Rohit Mangal, learned counsel for the
respondents/State.
Heard finally with consent.
This writ petition has been filed by the petitioner seeking modification of the order dated 27/4/2015 issued by respondent No.2 to the extent that the benefit of regular pay scale be granted to the petitioner from the date of the petitioner's entitlement i.e. on the completion of period of five years. The further case of the petitioner is that the identical benefit has been granted to the other similarly situated employees.
When the matter is taken up today, learned counsel for the petitioner submits that in identical case i.e. in W.A. No.359/2010 in the matter of Kailash Chandra vs. State of M.P. & others, the Division Bench vide order dated 10.04.2014 has issued certain directions, therefore, the petitioner is also entitled for the same directions in the present case.
Learned counsel for the respondent/State has not disputed the aforesaid aspect of the matter.
The Single Bench of this court in the matter of Kailash Chandra Vs. State of MP & others passed in WP No. 4327/2009(s) by order dated 26th August, 2010 had held as under:-
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"8. Resultantly, the writ petition is allowed. The respondents are directed to consider the case of the petitioner afresh for grant of regular pay scale, on completion of five years service, keeping in view the executive instructions dated 17.03.1978 of the Finance Department of the State Government. Not only this, the respondents shall also take into account their earlier order dated 14.05.1996, which has been upheld by the Division Bench of this Court in Writ Appeal No.128/2006, while considering the case of the petitioner for grant of regular pay scale. In case, the respondents arrive at the conclusion that the petitioner is identically placed person and is entitled for grant of regular pay scale, on completion of five years service, the respondents shall grant all consequential benefits to the petitioner, by fixing the pay etc of the petitioner notionally. The petitioner shall also be entitled for arrears of pay fixation from the date of filing the present writ petition. The respondents shall conclude the exercise of considering the case of the petitioner within a period of six months from the date a certified copy of this order is received."
The Division Bench of this Court in the matter of Kailash Chandra vs. State of M.P. & others had issued following directions :-
"Having gone through the order passed by the Division Bench of this Court in the case of Dhanubai in W.A. No.85/2011 decided on 27.08.2011 (supra), we find that the order passed by the learned Single Judge deserves to be modified to the extent that "in case the respondent arrives at a conclusion that the
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petitioner is an identically placed person and is entitled for grant of regular pay-scale on completion of 5 years services, the respondent (appellant herein) shall grant all consequential benefits from the date of entitlement and not from the date of filing the present writ petition.
Keeping the view the above undisputed position, the present writ petition is disposed of by holding that the directions issued in the matter of Kailash Chandra (supra) by the Division Bench of this Court will apply mutatis mutandis in the present case and the respondent will examine the petitioner's case in the light of the aforesaid directions within a period of three months from the date of receipt of certified copy of this order.
C.C. as per rules.
(Prakash Shrivastava 'J') M.Jilla.