Smt.Deergha vs State Of M.P. & Ors.
2023 Latest Caselaw 12247 MP

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                                                       W.P. No. 5659/2009



        IN THE HIGH COURT OF MADHYA PRADESH
                      AT INDORE

                             BEFORE
            HON'BLE SHRI JUSTICE VIVEK RUSIA

                  ON THE 1st OF AUGUST, 2023

                WRIT PETITION No. 5659 of 2009

BETWEEN:-
SMT.DEERGHA W/O SHRI DILIP SHOPURKAR, AGED 46 YEARS,
OCCUPATION: LIBRAIAN, MGM MEDICAL COLLEGE, INDORE, R/O.
C-1,CRP LINE INDORE (MADHYA PRADESH)
                                                    .....PETITIONER
(SHRI RAHUL A.SETHI, LEARNED COUNSEL FOR THE PETITIONER.)

AND
   STATE OF M.P. THR.PRINCIPAL SECRETARY, MEDICAL
1. EDUCATION DEPARTMENT, MANTRALAYA, VALLABH BHAWAN,
   BHOPAL (MADHYA PRADESH)
   THE DIRTOR, MEDICAL EDUCATION M.P., SATPUDA BHAWAN,
2.
   BHOPAL (MADHYA PRADESH)
3. THE DEAN, M.G.M. COLLEGE INDORE (MADHYA PRADESH)
                                                 .....RESPONDENTS
(SHRI TARUN KUSHWAH, LEARNED GOVT. ADVOCATE FOR THE
RESPONDENTS/STATE.)


      This petition coming on for final hearing this day, the court
passed the following: :
                            ORDER

1. The petitioner has filed the present petition being aggrieved by order dated 23.6.2009 whereby her representation for grant of benefit of UGC pay-scale has been rejected by respondent No.2- Director,

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W.P. No. 5659/2009

Medical Education, M.P., Bhopal.

2. The facts of the case, in short, are as under :

The petitioner was appointed on the post of Librarian vide order dated 29.2.1992 issued by respondent No.3. She was granted annual increments from time to time after confirmation in service. According to the petitioner, in compliance of order dated 29.4.1999 passed in O.A. Nos. 448/1994 and 1310/1988 passed by the M.P. State Administrative Tribunal she was granted the UGC scales prescribed for the post of Librarian in Medical Education Department. Thereafter, vide order dated 5.4.2005 respondent No.3 fixed the salary of the petitioner in the UGC pay-scale of Rs.2200-75-2800-100-4000/-. Later on, respondent No.2 wrote a letter to all the Medical Colleges that the UGC pay-scale to the Librarian of the Education Department has not been sanctioned by the Government. Therefore, in compliance of the said order, the respondents have withdrawn the UGC pay-scale given to the petitioner. The petitioner challenged the aforesaid action of the respondent by way of W.P. No. 2527/2008 (S) which came to be disposed of vide order dated 24.11.2008 with direction to the Director, Medical Education to decide the representation of the petitioner. Vide impugned order dated 23.6.2009 the representation of the petitioner has been rejected on the ground that the Medical Education Department of Government of M.P. has sanctioned the UGC pay-scale to the post of Librarian up to 1996 by way of amendment, since the Government has not issued the amendment order, therefore, the representation is rejected. Hence, the present petition before this Court.

3. After notice, the respondents have filed the return by submitting

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W.P. No. 5659/2009

that the petitioner is not entitled for the UGC pay-scale and AICTE pay-scale because there is no such recommendation for the pay-scale for Librarian. It is further submitted that the entire teaching staff and non-teaching staff in the Medical College are not appointed as per the norms of UGC and AICTE, therefore, they are not being paid the UGC pay-scale. At last, the respondents submitted that the State Government has not granted the sanction for grant of UGC pay-scale to the Librarian.

4. Similar issue came up for consideration before this Court in the matter of Smt.Mangla Joshi V/s. State of M.P. (W.P. No.6949/2015 decided on 5.9.2019) in which the co-ordinate Bench of this Court after considering the judgment passed by the M.P. State Administrative Tribunal which had been affirmed by this Court in W.P. No.5438/2000, etc. as well as by the apex Court, allowed the writ petition by directing the respondents to grant Selection Grade Pay-scale to the petitioner there in within a period of 6 months. In the aforesaid case, the petitioner was initially appointed on the post of Cataloger and thereafter she was promoted to the post of Librarian. In the present case, the petitioner was directly appointed on the post of Librarian and later on was confirmed on the said post. She is also having a degree of M.Lib. There is no dispute that the petitioner is not fulfilling the educational qualification for the post of Librarian even as per the UGC guidelines. Once the pay-scale and senior pay-scale has been granted up to 1996 as per UGC norms, there is no reason to deny her further senior pay-scale after completion of qualifying service.

5. In view of the above discussion, this petition is allowed. It is

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W.P. No. 5659/2009

held that the petitioner is entitled for fixation of her salary as per UGC guidelines. She is also entitled for Selection Grad Pay-scale as per UGC guidelines revised from time to time from the date of her entitlement. Let the whole exercise be completed within a period of 90 days from the date of communication of certified copy of this order.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2023.08.02 17:31:06 +05'30'