Shrikant vs The State Of M.P. Through Its ...
2023 Latest Caselaw 3329 MP

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                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK RUSIA
                                           ON THE 23 rd OF FEBRUARY, 2023
                                           WRIT PETITION No. 28345 of 2022

                           BETWEEN:-
                           SHRIKANT S/O GOPAL UDGIR, AGED ABOUT 58 YEARS,
                           OCCUPATION: HAND PUMP MECHANIC, R/O 156,
                           SAIVIHAR COLONY, DISTRICT UJJAIN (MADHYA
                           PRADESH)
                           ADDRESS- C/O SUB DIVISION OFFICE, P.H.E.
                           DEPARTMENT UJJAIN (M.P.)

                                                                               .....PETITIONER
                           (BY SHRI KAMAL KISHORE KAUSHAL-ADVOCATE)

                           AND
                           1.    THE STATE OF M.P. THROUGH ITS SECRETARY
                                 PUBLIC HEALTH ENGINEERING DEPARTMENT
                                 VALLABH    BHAWAN,   BHOPAL    (MADHYA
                                 PRADESH)

                           2.    ENGINEER   IN  CHIEF   PUBLIC   HEALTH
                                 ENGINEERING   DEPARTMENT JAL BHAVAN,
                                 BANGANGA, BHOPAL (MADHYA PRADESH)

                           3.    SUPERINTENDING ENGINEER PUBLIC HEALTH
                                 ENGINEERING DEPARTMENT CIRCLE OFFICE
                                 UJJAIN (MADHYA PRADESH)

                           4.    EXECUTIVE     ENGINEER     PUBLIC  HEALTH
                                 ENGINEERING DEPARTMENT DIVISION OFFICE,
                                 UJJAIN, DISTRICT UJJAIN (MADHYA PRADESH)

                           5.    JOINT DIRECTOR TREASURY AND ACCOUNTS
                                 DEPARTMENT     (FINANCE   DEPARTMENT)
                                 COLLETORATE CAMPUS, UJJAIN (MADHYA
                                 PRADESH)

                                                                             .....RESPONDENTS
                           ( BY SHRI NITIN SINGH BHATI-GOVERNMENT ADVOCATE)

Signature Not Verified
Signed by: PRAVEEN
NAYAK
Signing time: 28-02-2023
12:27:14
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                                     T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                                 ORDER

Petitioner has filed the present petition being aggrieved by order dated 20.01.2017 and 04.10.2018 whereby pay scale has been reduced and recovery has been ordered.

Learned counsel for the petitioner submits that petitioner was initially appointed as Pump Attended, thereafter, he was promoted to the post of Hand Pump Mechanic. All of sudden, his pay scale was reduced from 1150-1800 to 950-1530 per month.

The similar issue came up for consideration before this Court in W.P. No.4458/2009 and affirmed in W.A. No.49/2011 and thereafter recently number of Writ Petitions filed by similar situated persons have been allowed.

In view of above, present writ petition is disposed of with direction to respondents to re-consider the case of the petitioner in light of judgment passed by this Court in respect of pay scale of Pump Attendant and Hand Pump Mechanic. The petitioner shall annex copy of orders alongwith representation. Entire exercise be completed within 90 days. In case of rejection of the representation, speaking and reasoned order shall be passed.

(VIVEK RUSIA) JUDGE Praveen

Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 28-02-2023 12:27:14