R.K. Pandey vs The State Of Mp
2023 Latest Caselaw 2354 MP

                                                                           1
                                         IN     THE       HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                            ON THE 9 th OF FEBRUARY, 2023
                                                           WRIT PETITION No. 15851 of 2003

                                        BETWEEN:-
                                        RAKESH KUMAR PANDEY, AGED ABOUT 31 YEARS, SON
                                        OF SHRI B.L. PANDEY, TRAINING AND PLACEMENT
                                        OFFICER, GOVERNMENT POLYTECHNIC COLLETGE,
                                        KHIRSADON,     DISTRICT  CHHINDWARA (MADHYA
                                        PRADESH)

                                                                                                         .....PETITIONER
                                        (NONE PRESENT)

                                        AND
                                        STATE OF MADHYA PRADESH, THROUGH THE
                                        SECRETARY,   DEPARTMENT    OF   TECHNICAL
                                        EDUCATION, MAN POWER AND PLANNING, VALLABH
                                        BHAWAN, BHOPAL (MADHYA PRADESH)

                                                                                                        .....RESPONDENT
                                        (BY SHRI SOURABH SONI - PANEL LAWYER)

                                              Th is petition coming on for hearing this day, th e court passed the
                                        following:
                                                                            ORDER

T h is writ petition is filed being aggrieved of the decision of the respondent authority to reject petitioner's claim for upgradation in the pay scale of Rs.3700-5700/-, which have been revised from time to time on the basis of some parity sought by him with the case of Shri A.P. Sakalle.

S hri A.P. Sakalle, had filed O.A.No.1016/1999, which came to be decided on transfer to High Court, where it was registered as Writ Petition Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2023.02.10 12:30:49 IST No.13697/2003 vide order dated 25.09.2006. Learned Single Judge had

dismissed the writ petition filed by Shri Sakalle and when this order was put to challenge before the Hon'ble Division Bench, then in W.A.No.1164/2006 passed on 05.09.2022, Hon'ble Division Bench of this High Court taking note of the law laid down by Supreme Court in M.P. Rural Agriculture Extension Officers Association Vs. State of M.P. and another [(2004) 4 SCC 646] , wherein, it is held that there can be two different pay scales from the same cadre and also taking into consideration the provisions contained in M.P. Technical Education (Gazetted) Service Recruitment Rules, 1990, held that benefit of pay scale of Rs.3700-5700/- is to be extended either to Lecturer (Selection Grade) or the Head of the Department and the petitioner was neither a Lecturer

(Selection Grade) nor the Head of the Department and, therefore, no benefit could have been extended to him, upheld the orders of the writ Court.

T h u s , orders of the writ Court dated 25.09.2006 passed in W.P.No.13697/2003 and thereafter, decision of the Hon'ble Division Bench dated 05.09.2022 shall apply mutatis mutandis to the facts of the present case and, therefore, in the light of the said judgments, this petition also deserves to be dismissed and is, hereby, dismissed.

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2023.02.10 12:30:49 IST