Madhya Pradesh High Court
Narayan Prasad Pandey vs The State Of Madhya Pradesh on 16 September, 2021
Author: Chief Justice
1 WA-808-2021
The High Court Of Madhya Pradesh
WA-808-2021
(NARAYAN PRASAD PANDEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 16-09-2021
Heard through Video Conferencing.
Shri Ajeet Singh, learned counsel for the appellant.
Shri B.D.Singh, learned Government Advocate for the
respondents/State.
This appeal is directed against the judgment of the learned Single
Bench, dated 16.07.2021, which is filed along with writ petition of the
appellant, whereby the learned Single Judge has partly allowed the writ
petition and passed the following order:-
"This Court has granted benefit to similarly situated employees
vide its order dated 02.06.2012 in case of A.L. Thakur
(supra). Petitioner was sleeping over his right and did not file
writ petition immediately. However, considering the fact that
fixation of pay and grant of pay scale is recurring cause of
action, therefore, it is ordered that petitioner may be granted
similar benefit of pay scale mentioned above and petitioner
shall be entitled to revised pay scale and pension. Petitioner
is only entitled for arrears of his pay scale for period of
three years prior to date of filing of writ petition i.e.
24.06.2021.
With the aforesaid direction, writ petition filed by petitioner is
disposed of."
Shri Ajeet Singh, learned counsel for the appellant submitted that the
benefit of pay-scale has been denied to the appellant only on the ground that
he was working in the Work-Charge Establishment whereas this Court in the
case of A.L.Thakur and others Vs. State of M.P and others in
W.P.No.16054/2003, vide order dated 02.06.2012 has held that the
employees of Work-Charge Establishment are also entitled to get the benefit
of pay scale of Rs. 515-800/- w.e.f. 01.04.1982, pay scale of Rs.950-1530/-
w.e.f. 01.01.1986 and pay scale of Rs. 3050-4590/- w.e.f. 01.01.1996, also
the refixation of the salary and arrears in light of the aforesaid judgment.
Learned counsel for the appellant submitted that the learned Single
Judge was not justified in confining the arrears to be paid to the appellant only
2 WA-808-2021
for the period of three years, prior to the date of filing of writ petition i.e. on
24.06.2021. The appellant is a retired employee therefore, he awaited the
outcome of the appeal filed against the judgment of the Single Bench in
A.L.Thakur (supra).
Even that argument of the learned counsel for the appellant is hardly
convincing because the appeal itself was dismissed by the Division Bench on
09.12.2013 and an SLP thereagainst was dismissed on 09.01.2015 by the
Supreme Court. The writ petition has been filed highly belatedly on
24.06.2021. In our view, therefore, the direction of the learned Single Bench
to confine the payment of arrears of his pay scale for the period of three
years prior to the date of filing writ petition, cannot be faulted.
However, it is clarified that the appellant shall be entitled to notional
benefits of fixation of pay and grant of pay scale and also the revision of the
retiral benefits/pension for the intervening period while computing the arrears
of three years and also the revised pension which is to be now paid to him
while making compliance of the order of the learned Single Judge which shall
be made within the period of two months from the date a copy of this order
is produced before the respondents.
With the aforesaid direction, the writ appeal is disposed of.
(MOHAMMAD RAFIQ) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
anu
Signature Not Verified
SAN
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2021.09.17 17:00:06 IST
