Madhya Pradesh High Court
Durga Panwar vs The State Of Madhya Pradesh on 4 July, 2022
Author: Subodh Abhyankar
:1:
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 4th OF JULY, 2022
WRIT PETITION No. 3136 of 2021
Between:-
DURGA PANWAR W/O LATE SHRI MAHENDRA SINGH , AGED
ABOUT 52 YEARS, OCCUPATION: SERVICE RESIDENCY KOTHI
INDORE, PUBLIC WORKS DEPARTMENTS DIVSION NO 2 (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SANJAY ZAMINDAR, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH SECRETARY
PUBLIC WORKS DEPARTMENT, VALLABH BHAWAN (MADHYA
PRADESH)
2. ENGINEER IN CHIEF PUBLIC WORKS DEPARTMENT BHOPAL
(MADHYA PRADESH)
3. EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT
DIVISION NO. 1 INDORE (MADHYA PRADESH)
4. JOINT DIRECTOR DIRECTORATE OF TREASURY AND
ACCOUNTS INDORE (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. BHARTI LAKKAD, GOVT. ADVOCATE )
.................................................................................................................................
This petition coming on for order this day, the court passed the
following:
ORDER
Heard on the question of admission.
The petitioner before this Court has filed this present writ
petition being aggrieved by the improper pay fixation done by the
respondents.
The contention of the petitioner is that he was appointed as a
Telephone Attendant and was rightly fixed by the State Government in
the pay scale of Rs.825-1220, as per the Circular of the State
Government dated 4.9.1996. The petitioner's grievance before this
Court is that the respondents have later on fixed him in the pay scale of
Rs.750-945.
An identical issue has been looked into by this Court in W.A.
No.452/2015. Relevant paragraph of the order passed by this Court
reads as under:-
"Learned counsel for the appellant has drawn our attention to
the page 51 Letter No.8152, Bhopal dated 04/09/1996 of
Engineer-in-Chief/PHE Department, Bhopal whereby the
State Government after obtaining approval from the Finance
Department revised a pay scale from time to time, as is
evident from the aforesaid letter. Relevant of the letter dated
4/09/1996 reads as under :-
"izdj.k esa e/;izns'k 'kklu]foRr foHkkx ds vf/klwpuk dzekd
[email protected]@[email protected] [email protected] fnukad 1-8-77 ds ifjf'k"V esa iqujhf{kr
osru fu/kkZj.k ds fu;e &3 ds vUrxZr VsyhQksu DydZ ds LFkku ij
VsyhQksu vVsUMsUV dk uke fn;k x;k Fkk ftldk osrueku :i;s
90&170 fnukad 1-1-74 ls ns; FkkA e/;izns'k dk;ZHkkfjr RkFkk
vkdfLedrk ls osruikus okys deZpkjh osru iqujhf{kr fu;e 1984 tks
e/;izns'k foRr foHkkx ds vf/klwpuk dzekad 525&4323fu&[email protected]
fnuakd 3-3-84 }kjk ykxw fd;k x;k Fkk fnuakd 1-4-82 ls izHkko'khy
ftlds vuqlkj osrueku 90&170 dks iqujhf{kr osrueku :i;s
445&635 esa ekU; fd;k x;k A e/;izns'k dk;ZHkkfjr RkFkk vkdfLedrk
ls osru ikus okys deZpkjh osru iqujh{k.k fu;e 1987 tks foRr foHkkx
ds Kkiu dzekad 411&1628&87&fu&1&pkj fnukad 3-8-87 }kjk
fnukad 1-1-86 ls ekU; fd;k x;k gS vuqlkj osrueku :i;s
445&635 dks osrueku :i;s 775&1200 ekU; fd;k x;k A bl
osrueku dks iqu % iqujhf{kr djrs gq;s e/;izns'k dk;ZHkkfjr osru
iqujhf{kr fu;e 1990 tks foRr foHkkx ds Kkiu dzekad
114&90&fu&1&pkj tks e/;izns'k jkti= esa fnukad 3-5-90 dks
izdkf'kr fd;k gS dks fnukad 1-1-86 ls ykxw fd;k x;k] ds vuqlkj
osrueku :i;s 775&1200 dk osrueku :i;s 825&1220 ekU; fd;k
x;kA
From the aforesaid, it is not in dispute that from
1/01/1986 pay scale was revised to 825-15-900-20- 1220.
Thereafter, as per schedule of Rule-4 of Seva Dainik-
Karyabharit Tatha Akasmikta Karmchari Niyam, pay scale of
825-15-900-20-1220 was revised to 2750- 70-3800-75-4400 w.e.f.
1/1/1996 though the notification was issued on 26/06/1998.
In view of the aforesaid,no further approval from the
Finance Department as raised by the State before the Writ court
is required. Accordingly, the impugned order is partly set aside
with a direction that the appellant was rightly granted pay scale of
Rs.2750-70-3800-75-4400."
In the light of the aforesaid judgment passed in Writ
Petition No. 452/2015, the present Writ Petition is
allowed. The impugned recovery ordered by the
respondents is set aside. The petitioner shall be entitled for
pay scale of Rs.825-1220 with all consequential benefits.
The amount already recovered, if any, be refunded back to
the petitioner within a period of sixty days from the date of
receipt of certified copy of this order.
Certified copy, as per rules.
(Subodh Abhyankar)
JUDGE
moni
Digitally signed by MONI RAJU
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya
MONI RAJU
Pradesh,
2.5.4.20=6fb601f03d4083a3289219d85392bac3bde1be8a53bd8
0aeba7af5a5244844c1,
pseudonym=85E21E23646B47526A49E99D9182D0AE8ABD62D
1,
serialNumber=3BFD07BEC0C790E4AEA8CB122D629549D10678
13B2AE8FB016F1BF08EE881126, cn=MONI RAJU
Date: 2022.07.04 18:12:35 +05'30'
