Kiranbala Shukla vs The State Of Madhya Pradesh
2023 Latest Caselaw 13465 MP

                                                            1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                               ON THE 18 th OF AUGUST, 2023
                                              WRIT PETITION No. 6939 of 2022

                           BETWEEN:-
                           KIRANBALA SHUKLA W/O PRAKASH SHUKLA, AGED
                           ABOUT 60 YEARS, OCCUPATION: ASSISTANT GRADE-2,
                           R/O: MUKHYA VAN SANRAKSHAK SAMAJIK VANIKI
                           VISTAR VRITTA, DIST. INDORE (MADHYA PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI ANAND AGRAWAL - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY MANTRALAYA, VALLABH BHAWAN,
                                 BHOPAL (MADHYA PRADESH)

                           2.    MUKHAY VAN SANRAKSHAK SAMAJIK VANIKI
                                 AVAM ANUSANDHAN AVAM VISTAR VRAT, I.T.
                                 PARK CHOURAHE KE PAS, KHANDWA ROAD,
                                 INDORE (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (SHRI SUDARSHAN JOSHI - PANEL LAWYER)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                             ORDER

Petitioner has filed this writ petition being aggrieved by order dated 08.03.2022, whereby the benefit of second time pay scale has been withdrawn, which was granted to him with effect from 01.04.2006.

2. Vide order dated 18.03.2009 the petitioner was given the benefit of second time pay scale, thereafter, vide order dated 12.06.2017 and 07.07.2017

Signature Not Verified the said benefit was withdrawn as the petitioner did not pass the qualifying Signed by: ANUSHREE PANDEY Signing time: 21-08-2023 10:38:43

examination. The petitioner challenged the aforesaid two orders by way of Writ Petition No.20855/2019. Vide order dated 16.12.2020, the writ petition was allowed and both the orders were quashed and the petitioner has been held entitled to the benefit of second time pay scale in compliance of the aforesaid order. The respondent passed Annexure P-6, restoring the benefit of second time pay scale to the petitioner.

3. Counsel for the respondent filed the reply by submitting that vide gazette notification dated 12.04.2022 for the purpose of promotion to the post of Accountant or equivalent, passing of Accountant examination is an essential qualification. However, for those Assistant Grade-II, who have completed 45

years of age, are exempted from passing of examination.

4. Shri Anand Agrawal, counsel for the petitioner has drawn attention of this Court towards the scheduled in which for promotion from the post of Assistant Grade-II to the post of Assistant Grade-II only five years regular service is required. Even otherwise the criteria for promotion does not apply for grant of up-gradation.

5. In this case the lis between the parties had already been settled by way of judgment dated 16.12.2020 and the similar action of the respondent had already been quashed by this Court with the finding that she is entitled for benefit. Even otherwise amendment in the rules applies prospectively, therefore, the impugned order has wrongly been issued and is hereby quashed with the cost of Rs.10,000/-.

Certified copy as per rules.

(VIVEK RUSIA) Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 21-08-2023 10:38:43

JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 21-08-2023 10:38:43