Madhya Pradesh High Court
Narendra Gangle vs State Of M.P. & Ors. on 20 September, 2022
Author: Vivek Rusia
-1- W.A.No.564/2008
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
ON THE 20th OF SEPTEMBER, 2022
WRIT APPEAL No. 564 of 2008
BETWEEN:-
NARENDRA GANGLE S/O RAMCHANDRA GANGLE, AGED
ABOUT 50 YEARS, OCCUPATION: SERVICE VALLABH NAGAR
COLONY,ASHAY NIKUNJ MAGRUL ROAD,KHARGONE
(MADHYA PRADESH)
.....APPELLANT
(SHRI A.K. SETHI, LEARNED SENIOR ADVOCATE WITH SHRI
RAHUL A.SETHI FOR THE APPELLANT)
AND
STATE OF M.P. & ORS. THRU.SECT.TO GOVT.COMM.TAX
1.
DEPTT.,VB.,MANT.BHOPAL (MADHYA PRADESH)
EXCISE COMMISSIONER GOVT. OF M.P., MOTIMAHAL
2.
BUILDING, GWALIOR (MADHYA PRADESH)
COLLECTOR (EXCISE) DISTT. KHARGONE (MADHYA
3.
PRADESH)
DISTT. EXCISE OFFICER DISTT. KHARGONE (MADHYA
4.
PRADESH)
.....RESPONDENTS
(SHRI ADITYA GARG, LEARNED GOVT. ADVOCATE FOR THE
RESPONDENTS/STATE)
This appeal coming on for orders this day, JUSTICE
VIVEK RUSIA passed the following:
-2- W.A.No.564/2008
ORDER
Appellant/petitioner has filed the present writ appeal
being aggrieved by the order dated 06.05.2008 whereby the
writ petition has been partly allowed only in respect of
quashment of recovery. So far the re-fixation is concerned,
the writ Court has upheld the same.
Facts of the case in short are as under:
Appellant/petitioner was appointed in the year 1985 as
salesman in the govt. liquor shop. Vide order dated
27.03.1993 he was appointed for 89 days in the pay-scale of
Rs.950-25-1000-30-1210-40-1530/-. Thereafter, the cases of
all those liquor salesman traveled up to the Apex Court and
the Apex Court vide order dated 21.12.1990 in Civil Appeal
No.6245 to 6247 of 1990 has directed the State Govt. to
absorb the services of all Salesman and Choukidars in the
Govt. Departments. In compliance of the said direction, the
State Govt. has issued a direction vide Annexure P/5. The
Excise Commissioner issued a direction to all Collectors and
HODs vide letter dated 26.05.1993 Annexure P/7 for
absorbing the services of these 282 surplus employees in a
phased manner. In compliance of the aforesaid order and
direction vide order dated 07.02.2002 the services of the
-3- W.A.No.564/2008
petitioner was absorbed as Excise Constable in the pay-scale
of Rs.3050-75-3950-80-4590.
Thereafter vide order dated 17.01.2005 the pay fixation
was done after implementation of the 6th Pay Commission and
the petitioner was fixed at the pay-scale of Rs.3050-75-3950-
80-4590/ which is a corresponding pay-scale of Rs.950-25-
1000-30-1290-40-1530/-.
The District Excise Officer vide order dated 25.07.2007
has ordered for recovery of excess payment due to wrong pay
fixation of the petitioner. According to the District Excise
Officer vide order dated 07.02.2002 the petitioner was
absorbed in the services of the Excise Department in the pay-
scale of Rs.3050-4590, hence he ought to have been paid the
salary of Rs.3050/- instead of Rs.4270/- per month. Being
aggrieved by the aforesaid order as well as the recovery, the
petitioner filed a writ petition before this Court. The writ
petition came up for hearing on 06.05.2008 and the writ Court
has partly allowed the petition by quashing the recovery
relying on a judgment passed by the Apex Court in the case of
Shyam Babu Verma and others vs. Union of India and others-
(1994) 2 SCC 521 and Sahib Ram vs. State of Haryana and
others - 1995 Suppl. (1) SCC 18 and upheld the pay fixation.
-4- W.A.No.564/2008
Being aggrieved by the aforesaid order, the present writ
appeal has been filed.
The respondents filed a reply in the appeal because no
reply was filed in the writ petition. According to the
respondents, the petitioner is not entitled for the benefit of the
Circular dated 19.07.1993 which is applicable to other Govt.
employees who were transferred and absorbed in another
departments and apart from that no justification has been
given in support of the impugned action.
We have heard learned counsel for the parties and
perused the record.
Before passing the order of absorption dated 07.02.2002
as evident from the order dated 17.01.2005 the petitioner was
getting the salary in the pay-scale of Rs.515-800/- w.e.f.
04.04.1985 which was revised to Rs.950-1530/- w.e.f
01.01.1996. It was further revised w.e.f 01.01.1996 to
Rs.3050-4590 and accordingly at the time of passing of the
order dated 07.02.2002 he was getting the pay of Rs.4270/-.
The petitioner was already in the pay-scale of Rs.3050/-
-4590/-. By virtue of the order of absorption in the same
department in compliance of the Supreme Court order, the
petitioner was entitled for the revised pay protection. That
-5- W.A.No.564/2008
vide order dated 07.02.2002 the petitioner was appointed by
way of absorption in the pay-scale of Rs.3050-4590/-,
therefore, he was already getting pay in the pay-scale of
Rs.3050-4590/- prior to it. The respondents have
misconstrued the order dated 07.02.2002 and wrongly reduced
the pay of the petitioner after five years and that too without
giving any opportunity of hearing and show cause notice. The
petitioner was already in the pay-scale of Rs.3050-4590/- at
the time of passing the order dated 07.02.2002, therefore, he is
entitled for all increments and dearness allowances on this
pay-scale. Hence, the impugned order (Annexure P/10) is
hereby quashed so far it relates to re-fixation of pay-scale.
Resultantly, writ petition is allowed with all consequential
benefits.
In view of the above, the writ appeal is allowed.
(VIVEK RUSIA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
hk/ Digitally signed by HARI
KUMAR C G NAIR
Date: 2022.09.23 15:19:55
+05'30'
