Dr. Aftab Ahmed Khan vs The State Of M.P.
2021 Latest Caselaw 8871 MP

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 HIGH COURT OF MADHYA PRADESH : PRINCIPAL SEAT AT
                                JABALPUR
1.   Case Number               Writ Petition No.13182/2019
2.   Parties name              Dr.Aftab Ahmed Khan Vs. State of M.P. and
                               others
3.   Date of Order             15/12/2021
4.   Bench Constituted of      Hon. Shri Justice S.A.Dharmadhikari
5.   Judgment delivered by     Hon. Shri Justice S.A.Dharmadhikari
6.   Whether approved for      No.
     reporting
7.   Name of the counsel for Shri Radhelal Gupta, learned counsel with
     the parties             Shri Ashish Mishra, counsel for the
                             petitioner.
                             Shri Akshay Kumar Pawar, Advocate for the
                             respondents/State
8.   Law laid down &           No.
     Significant paragraphs
     number


                                 ORDER

(15.12.2021)

In this petition under Article 226 of the Constitution of India, the petitioner is assailing the legality, validity and propriety of the order dated 28.6.2019 (annexure P/1) passed by the respondent no.3 whereby the representation made by the petitioner in respect of erroneously calculating his services for grant of pay-scale of Assistant Professor, i.e. Rs.8,000/- w.e.f. 1.6.2016 instead of 11.8.2014 and next grade pay of Associate Professor after completion of 3 years of service from 11.8.2014 has been rejected.

2. Brief facts leading to filing of the instant petition are that the petitioner is a Doctor by profession and posted as Assistant Professor (Phychiatrist) in N.S.C.B. Medical College, Jabalpur. The petitioner was initially appointed on the post of Assistant Professor on 12.8.2009. The respondent no.1 framed the policy to provide definite and equal opportunity of pay-scale for those medical teachers who were not promoted due to non-availability of post after attaining the eligibility for

promotion. According to the policy the medical teachers for the post of Assistant Professor grade pay of Rs.8,000/- was fixed. After completion of 5 years of service their grade pay was to be fixed at Rs.9,000/-. In pursuance to the aforesaid policy, the petitioner was eligible for fixation of grade pay of Rs.8,000/- w.e.f. 11.8.2014, i.e. after completion of 5 years of service and subsequently he was also eligible for fixation of grade pay of Rs.9.000/- w.e.f. 11.8.2017, i.e. after further completion of three years of service. However, the respondent no.3 has extended benefit of grade pay of Rs.8,000/- to the petitioner w.e.f. 1.6.2016 instead of 11.8.2014 and the next grade pay of Rs.9.000/- has not been paid to the petitioner till date whereas in other autonomous colleges the said benefits have been extended to their teachers from the proper dates. The petitioner tried to get the order corrected; but, to no avail. Being aggrieved, the petitioner along with other doctors filed W.P.No.5737/2019. On 3.4.2019 this Court disposed of the said writ petition directing the petitioners to prefer separate fresh comprehensive representation before the respondent no.3 who shall decide the same by reasoned order in accordance with law within 90 days. The petitioner filed a detailed representation on 8.4.2019 claiming the time pay-scale w.e.f. 11.8.2014, however, the same has been rejected erroneously.

3. Learned counsel for the petitioner submitted that the respondents relying on the circular dated 26.2.2015, annexure R/1, had rejected the claim of the petitioner on the wrong premises inasmuch as the petitioner became eligible w.e.f. 11.8.2014, therefore, the fresh circular issued in the year 2016 will not have retrospective applicability. Admittedly, the petitioner was qualified on 11.8.2014, therefore, the respondents ought to have extended the benefit by fixing the pay at Rs.8,000/- w.e.f. 11.8.2014.

4. On the other hand, learned G.A. opposed the prayer by filing the reply and submitted that according to the circular dated 26.2.2015, the two conditions are required to be fulfilled :-

i) A person should be an Assistant Professor in the

concerned subject for four years in a recognized medical college;

     ii)   Minimum        of    two        research     publication   in
           Indexed/National journals.

The petitioner published his first research paper in March, 2016 and second in the month of May, 2016 as such he became eligible for the grant of grade pay of Rs.8,000/- in June, 2016. The petitioner has been extended the benefit in accordance with the circular dated 26.2.2015 as such no wrong has been committed. The petition is bereft of merit and substance and is liable to be dismissed.

5. Heard learned counsel for the parties and perused the record. Admittedly, the petitioner had completed four years of service as Assistant Professor in a recognized medical college as on 11.8.2014. On perusal of the circular dated 26.2.2015 it is nowhere stated that the same would have retrospective applicability meaning thereby the same would be applicable prospectively. Accordingly, the impugned order is set aside. The respondents are directed to extend the benefit of the grade pay of Rs.8,000/- to the petitioner w.e.f. 11.8.2014 and subsequently pay-scale of Rs.9,000/- of Associate Professor w.e.f. 11.8.2017. The respondents are also directed to pay the arrears and other consequential benefits to the petitioner as expeditiously as possible preferably within a period of eight weeks thereof.

6. The petition stands allowed and disposed of.

(S.A.Dharmadhikari) Judge

HS HEMANT SARAF 2021.12.16 16:02:52 +05'30'