Ganeshlal vs Public Health And Engineering ...
2022 Latest Caselaw 7183 MP

                                                                1
                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT INDORE
                                                               BEFORE
                                                 HON'BLE SHRI JUSTICE PRANAY VERMA
                                                        ON THE 12th OF MAY, 2022

                                                 WRIT PETITION No. 16520 of 2020

                                        Between:-
                                        GANESHLAL S/O LATE NAVALRAM, AGED
                                        ABOUT    64  YEARS, OCCUPATION: RETD.
                                        (TELEPHONE ATTENDANT) 132A, MAA SHARDA
                                        NAGAR INDORE (MADHYA PRADESH)

                                                                                          .....PETITIONER
                                        (BY SHRI SANJAY JAMINDAR, ADVOCATE)

                                        AND

                                1.      PUBLIC   HEALTH   AND   ENGINEERING
                                        DEPARTMENT    PRINCIPAL   SECRETARY
                                        VALLABH   BHAWAN   BHOPAL   (MADHYA
                                        PRADESH)

                                2.      ENGINEER   IN  CHIEF PUBLIC HEALTH
                                        ENGINEERING        DEPARTMENT BHOPAL
                                        (MADHYA PRADESH)

                                3.      EXECUTIVE ENGINEER     PUBLIC HEALTH
                                        ENGINEERING    DEPARTMENT SANDHARAN
                                        KHAND NO. 5 MUSAKHEDI. INDORE (MADHYA
                                        PRADESH)

                                4.      ASST.    ENGINEER    PUBLIC    HEALTH
                                        ENGINEERING     DEPARTMENT SANDHARAN
                                        KHAND NO. 5 MUSAKHEDI. INDORE (MADHYA
                                        PRADESH)

                                5.      THE DIRECTOR TREASURY ACCOUNTS AND
                                        PENSION, INDORE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                                        (BY MS. ARCHANA KHER, ADVOCATE)

Signature Not Verified
 SAN                                  This petition coming on for admission this day, the court passed the
Digitally signed by JYOTI
CHOURASIA
                                following:
Date: 2022.05.13 16:13:09 IST
                                                                 ORDER

The petitioner has filed the present writ petition being aggrieved by order dated 02.11.2011 (Annexure P/3); whereby recovery order has been issued against him.

According to the petitioner, he was rightly fixed in pay scale of 825-1220, as per circular of State Government dated 04/09/1996.

This issue came came up for consideration before this Court in W.P. No.452/2015. Relevant part of the order is reproduced below :-

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 rads as under :-

i z d j . 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&4323 fu&[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;

Signature Not Verified fd;k x;k gS vuqlkj osrueku :i;s 445&635 dks osrueku :i;s 775&1200 ekU; SAN

Digitally signed by JYOTI fd;k x;k A bl osrueku dks iqu% iqujhf{kr djrs gq;s e/;izns'k dk;ZHkkfjr osru CHOURASIA Date: 2022.05.13 16:13:09 IST 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.

I n 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 view of the above judgment, the impugned order (Annexure P/3) is set- aside. Accordingly, the recovery and re-fixation is also quashed. The petitioner is entitled for pay scale of 825-1220 with all consequential benefits.

Certified copy as per rules.

(PRANAY VERMA) JUDGE jyot/A

Signature Not Verified SAN

Digitally signed by JYOTI CHOURASIA Date: 2022.05.13 16:13:09 IST