Naresh Parashar vs M.P. Power Generating Company ...
2021 Latest Caselaw 3777 MP

                                                        1                                 WP-263-2019
                              The High Court Of Madhya Pradesh
                                          WP-263-2019
                             (NARESH PARASHAR Vs M.P. POWER GENERATING COMPANY LTD. AND OTHERS)


                      Jabalpur, Dated : 31-07-2021
                            Heard through Video Conferencing.

                            Shri K. N. Pethia, learned counsel for the petitioner.
                            Shri Rahul Diwaker, learned counsel for the respondent no.1.

Petitioner has filed this writ petition challenging order dated 17.10.2018 contained in Annexure P/15. Petitioner has filed a claim before

respondents/Company to grant him third time scale of pay from 1.1.2016. Petitioner relied on the judgement passed by this Court in W.P.No. 8946/2017 dated 6.7.2018. On strength of said judgment, it was argued by petitioner that services rendered by him on the post of Junior Engineer as a trainee shall be included for counting service for grant of third time scale of pay. While deciding claim of petitioner, it was held that circular issued by Government of Madhya Pradesh dated 30.9.2014 is adopted by the Company. As per said circular, an employee will be entitled for grant of third time scale of pay if he has completed 30 years of service in directly recruited

cadre. Period of 30 years is to be recounted from date of his joining on the post after his selection in limited departmental competitive examination or direct recruitment. Said rule was made effective from 1.9.2015 in the respondents/Company. Petitioner was appointed on the post of Junior Engineer and he was promoted on post of Assistant Engineer trainee and appointed on the said post on 13.9.1989. Petitioner is entitled for grant of Third Time scale of pay after completing 30 years of service i.e. from 13.9.2019. Services rendered by petitioner on post of Junior Engineer is not to be counted for purpose of grant of benefit of third time scale of pay.

Counsel appearing for the petitioner has challenged the aforesaid order on the ground that petitioner has completed 30 years of service on 1.9.2005 and, therefore, he is entitled to get benefit as per terms of circular. Name of Signature Not SAN Verified petitioner in gradation list dated 6.1.2016 on post of Executive Engineer was Digitally signed by ARVIND KUMAR DUBEY Date: 2021.08.06 17:42:04 IST 2 WP-263-2019 at serial no. 64, whereas other person namely Sanjay Anant Godwale was at serial no.104 has been granted second higher pay scale from 13.12.1998 and third higher pay scale of Superintendent Engineer has been granted on completion of 30 years of service. Respondents had rejected the case of petitioner in violation of order dated 6.7.2018 passed in W.P.No. 8946/2017.

It is submitted by that petitioner has completed 30 years of service on 1.12.2010, but as circular was implemented by Company from 23.11.2015, therefore, petitioner is entitled to get the benefit from the said date. In view of the aforesaid submissions, counsel for the petitioner prays for grant of aforesaid benefit.

Counsel appearing for the respondents submitted that petitioner was appointed as Junior Engineer Diploma Trainee and thereafter he was appointed as Assistant Engineer as he has completed degree in Engineering while in service. Petitioner was laterally recruited to the post of Assistant Engineer under category of departmental candidate vide order dated 13.9.1989. Petitioner was granted benefit of first higher pay scale on completion of 9 years of service on 14.9.1998. Petitioner was given benefit of first higher pay scale of Executive Engineer thereafter given benefit of second higher pay scale of Superintendent Engineer and petitioner is entitled to third higher pay scale of Additional Chief Engineer but benefit can only be granted if petitioner has completed 30 years of service on the post of Assistant Engineer. Services rendered by petitioner other than on the post in line of promotion will not be counted. Petitioner was directly recruited by lateral induction on the post of Assistant Engineer on obtaining degree, therefore, services rendered by petitioner on the post of Junior Engineer cannot be counted as per circular dated 30.9.2014. Case of Dinesh Prasad Vishwakarma in W.P.No. 107/2004 was in respect of grant of second higher pay scale but not in respect of third higher pay scale therefore, case is distinguishable. Sanjay Anant Godbole was also appointed on the post of

Signature Not Junior Engineer and thereafter he has been given promotion. As said persons SAN Verified

Digitally signed by ARVIND KUMAR DUBEY Date: 2021.08.06 17:42:04 IST 3 WP-263-2019 were directly recruited on the post of Junior Engineer and services rendered by them for post in line of promotion is to be counted, therefore, they were given benefits. However, case of petitioner is distinguishable and there is no illegality or infirmity in the order dated 17.10.2018, therefore, petition may be dismissed.

Heard learned counsel for the petitioner as well as counsel for the respondents and considered order dated 23.11.2015 passed by Executive Director ED (HR&A). MPPGCL adopted the scheme of State Government for assured career progression in respect of up-gradation (third time scale pay). As per said order, benefit of third time scale of pay will be allowed after completion of 30 years of service from first appointment in recruitment

cadre of erstwhile of MPEB/MPSEB/Company from 1.9.2015 or any date thereafter to those employees who have got only two up-gradations either by way of higher pay scale and or by way of promotion. Services shall be counted from the date of appointment to the post which is recruitment post for the cadre. As per clause (vi) of order dated 23.11.2015, if any employee has laterally inducted into a direct recruitment post then services of such employee for purpose of third time scale of pay shall be counted from the date of joining to such post subject to condition that employee has got two up-gradations either by way of higher pay scale and/or by way of promotion and services rendered on the post other than in line of promotion will not be counted. If an employee has secured three up-gradations promotion in pay scales then such employee shall not be eligible for third time scale of pay after introduction of new policy of third time scale of pay on completion of 30 years of service.

In case of Dinesh Prasad Vishwakarma (supra) was for grant of second up-gradation to the post of higher pay scale after completing 18 years of service and case of Santosh Kumar Gaikwad in W.P.No. 15917/2015 was also in respect of up-gradation of pay, therefore, said cases are distinguishable. Case of petitioner is not identical to that of aforesaid Signature SAN Not Verified

Digitally signed by ARVIND KUMAR DUBEY Date: 2021.08.06 17:42:04 IST 4 WP-263-2019 petitioners.

Petitioner was laterally inducted on the post of Assistant Engineer by direct recruitment and services rendered on such post is to be counted for grant of benefit of third time scale of pay. If case of petitioner was that of promotion to the post of Assistant Engineer then his services rendered on the post of Junior Engineer could have been taken into consideration. Case of petitioner is of direct recruitment/lateral induction on the post of Assistant Engineer on obtaining degree while in service and post of Junior Engineer is not in line of promotion and as such services rendered by him on the post of Junior Engineer cannot be counted for grant of benefit of third time scale of pay.

In view of the aforesaid, writ petition filed by the petitioner is dismissed.

(VISHAL DHAGAT) JUDGE

DUBEY/-

Signature
 SAN      Not
Verified

Digitally signed by
ARVIND KUMAR
DUBEY
Date: 2021.08.06
17:42:04 IST