Madhya Pradesh High Court
Smt. Padmini More vs The State Of Madhya Pradesh on 13 September, 2021
Author: Pranay Verma
1 WP-16243-2021
The High Court Of Madhya Pradesh
WP-16243-2021
(SMT. PADMINI MORE Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Indore, Dated : 13-09-2021
Shri K.L.Purohit, learned counsel for the petitioner.
Shri Yashpal Rathore, learned Govt. Advocate for the respondent/State.
Heard.
The petitioner before this Court has filed the present petition being aggrieved
by order dated 27.07.2021, passed by the respondent No.3 by which the benefit on
third Kramonati has been withdrawn.
The facts of the case reveal that the petitioner on completion of 30 years of
service was granted the benefit of second Kramonati by an order dated 25.10.2012 in
the pay-scale of Rs.9300 - 34800 + Grade Pay of Rs.3600/-. After grant of second
Kramonati, he was promoted by an order dated 21.07.2014 in the pay-scale of
Rs.9300 - 34800 +Grade pay of Rs.3200/-, as the pay of the promotional post was
less than the pay-scale already granted to the petitioner and he was subjected to in
reduction in pay. He has refused the promotion which was granted by order dated
21.07.2014 and on this count alone the respondents have denied the benefit which
was to be conferred upon the petitioner on completion of 30 years of service.
Contention of the respondent/State is that it was the petitioner who has
refused the promotion, they have rightly denied the benefit of up-gradation on
completion of 30 years of service. The respondent has placed reliance upon the
circular issued by the State Government dated 05.07.2002.
The controversy involved in the present case stands concluded by the
judgment delivered by this court in the case of Lokendra Kumar Agrawal V/s.
State of M.P., [2010 (2) MPHT 163 (DB)] . This Court in the aforesaid case in
paragraph 4 to 7 has held as under:-
"4. The respondent-State stated that the General
Administration Department issued circulars dt.5th July, 2012 and
23.9.2002 clarifying the position of the employees who did not join in
pursuance to the order of promotion on the promotional post. As per
the aforesaid circular, if the employee refused to join on the
promotional post and forgo the promotion then the benefit of Time
Bound Promotion granted to such an employee would also be
Signature Not Verified
SAN
Digitally signed by JYOTI
CHOURASIA
Date: 2021.09.14 10:47:31 IST
2 WP-16243-2021
withdrawn, consequently, the time bound promotion granted to the
appellant has been withdrawn.
5. From the facts of the case, it is clear that the appellant was
granted the benefit of time bound promotion pay scale, ie., pay scale
of Rs.4500-7000, after considering the case by the duly constituted
committee. He was granted the aforesaid pay scale w.e.f 19th October,
2005. Thereafter, appellant was promoted on the post of Head Clerk
and he had foregone the said promotion. Consequently, the benefit of
time bound promotion granted to the appellant has also been
withdrawn. However, the appellant was considered by a duly
constituted committee for the purpose of grant of benefit of time bound
promotion and thereafter the aforesaid benefit was extended to the
appellant. In our opinion, subsequent withdrawal of benefit of time
bound promotion of the appellant amounts to reduction in pay of the
appellant and it could not be done without holding a proper enquiry
because the reduction of pay amounts to penalty. Appellant has not
committed any misconduct. He has simply foregone his promotion. In
such circumstances, the department can withdraw the benefit of
promotional post from the appellant, however, the benefit of time
bound promotion granted to the appellant earlier could not be
withdrawn because time bound promotion was granted to the
appellant as upgradation of pay after completing certain period of
service and withdrawal of the aforesaid benefit amounts to violation
of Article 311(2) of the Constitution.
6. In our opinion, the learned Single Judge has committed an
error by holding that the respondents can withdraw the benefit of time
bound promotion because the appellant refused to join on the
promotional post. On account of refusal to joint on the promotional
post the appellant has already been suffered by forgoing the benefit
which could have been accrued to the appellant due to his promotion
on the next higher post. However, under the Executive instructions
issued by the Department the benefit of time bound promotion of the
appellant could not be withdrawn because it would amount to
Signature Not Verified
SAN reduction in pay and the aforesaid action is in violation of Article
Digitally signed by JYOTI
CHOURASIA
Date: 2021.09.14 10:47:31 IST
3 WP-16243-2021
311(2) of the Constitution because the reduction of pay could only be
ordered as a consequence of penalty.
7. Consequently, the writ appeal filed by the appellant is
hereby allowed. The impugned order passed by the learned Single
Judge dated 14.09.2009 in the Writ Petition No.774/2009(s) is hereby
quashed and also the order dated 18th September, 2007, passed by
the Joint Director is also quashed. It is held that the appellant would
be entitled the benefit of time bound promotion pay scale of Rs.4500-
7000, which was granted to the appellant earlier. Looking to the facts
of the case, there shall be no order as to costs.
In light of the aforesaid, the judgment delivered by this Court, as the
petitioner was being granted promotion on a lower pay-scale, he has rightly refused
the same and, therefore, it will not come in his way in the matter of grant of up-
gradation on completion of 30 years of service.
Resultantly, the impugned order dated 27.07.2021 is hereby quashed.
The respondents are directed to process the case of the petitioner for grant of
higher pay-scale on completion of 30 years of service, within a period of 4 months
from the date of receipt of process and pass final order within a period of 4 months
from the date of receipt of certified copy of this order.
No order as to costs.
Certified copy as per rules.
(PRANAY VERMA)
JUDGE
jyoti
Signature Not Verified
SAN
Digitally signed by JYOTI
CHOURASIA
Date: 2021.09.14 10:47:31 IST
