Pushpa Raikwar vs State Of M.P. Through Public ...
2023 Latest Caselaw 1383 MP

                                                        1

                              IN THE HIGH COURT OF MADHYA PRADESH

                                                AT I N D O R E
                                                    BEFORE
                                   HON'BLE SHRI JUSTICE PRANAY VERMA

                                         ON THE 24th OF JANUARY, 2023

                                        WRIT PETITION No. 28154 of 2019

                           BETWEEN:-
                           PUSHPA RAIKWAR D/O LATE SHYMALAL
                           RAIKWAR,   AGED    ABOUT      47   YEARS,
                           OCCUPATION: SERVICE 12, B JINENDRA VIHAR
                           NEAR   VORA   PARK,    UJJAIN    (MADHYA
                           PRADESH)
                                                                       .....PETITIONER
                           (BY SHRI SANJAY JAMINDAR - ADVOCATE)

                           AND
                              STATE OF M.P. THROUGH PUBLIC HEALTH
                              AND     ENGINEERING      DEPARTMENT
                           1.
                              PRINCIPAL      SECRETARY    VALLABH
                              BHAWAN,BHOPAL (MADHYA PRADESH)
                              ENGINEER IN CHIEF PUBLIC HEALTH
                           2. ENGINEERING DEPARTMENT M.P. BHOPAL
                              (MADHYA PRADESH)
                              EXECUTIVE ENGINEER PUBLIC HEALTH
                              ENGINEERING DEPARTMENT SANDHARAN
                           3.
                              KHAND NAGAR PALIKA NIGAM, UJJAIN
                              (MADHYA PRADESH)
                              ASSISTANT ENGINEER PUBLIC HEALTH
                              ENGINEERING DEPARTMENT SANDHARAN
                           4.
                              UPKHAND-2, NAGAR PALIKA NIGAM, UJJAIN
                              (MADHYA PRADESH)
                              JOINT   DIRECTOR    DIRECTORATE    OF
                           5. TREASURY     AND   ACCOUNTS    UJJAIN
                              (MADHYA PRADESH)



Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 25-01-2023
18:03:17
                                                                  2
                                                                                   .....RESPONDENTS
                           ( BY SHRI RANJEET SEN - GOVT. ADVOCATGE)



                                 This petition coming on for admission this day, the court passed
                           the following :-

                                                             ORDER

The petitioner has filed the present writ petition being aggrieved by order dated 06.12.2016 (Annexure P/1); whereby recovery order has been issued against him.

According to the petitioner, he was rightly fixed in pay scale of 825-1220, as per circular of State Government dated 04/09/1996.

This issue came came up for consideration before this Court in W.P. No.452/2015. Relevant part of the order is reproduced below :-

Learned counsel for the appellant has drawn our attention to the page 51 Letter No.8152, Bhopal dated 04/09/1996 of Engineer- in-Chief/PHE Department, Bhopal whereby the State Government after obtaining approval from the Finance Department revised a pay scale from time to time, as is evident from the aforesaid letter. Relevant of the letter dated 4/09/1996 reads as under :-

izdj.k esa e/;izns'k 'kklu]foRr foHkkx ds vf/klwpuk dzekd [email protected]@[email protected] [email protected] fnukad 1-8-77 ds ifjf'k"V esa iqujhf{kr osru fu/kkZj.k ds fu;e &3 ds vUrxZr VsyhQksu DydZ ds LFkku ij VsyhQksu vVsUMsUV dk uke fn;k x;k Fkk ftldk osrueku :i;s 90&170 fnukad 1-1-74 ls ns; FkkA e/;izns'k dk;ZHkkfjr RkFkk vkdfLedrk ls osruikus okys deZpkjh osru iqujhf{kr fu;e 1984

Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 25-01-2023 18:03:17

tks e/;izns'k foRr foHkkx ds vf/klwpuk dzekad 525&4323 fu&[email protected] fnuakd 3-3-84 }kjk ykxw fd;k x;k Fkk fnuakd 1-4-82 ls izHkko'khy ftlds vuqlkj osrueku 90&170 dks iqujhf{kr osrueku :i;s 445&635 esa ekU; fd;k x;k A e/;izns'k dk;ZHkkfjr RkFkk vkdfLedrk ls osru ikus okys deZpkjh osru iqujh{k.k fu;e 1987 tks foRr foHkkx ds Kkiu dzekad 411&1628&87&fu&1&pkj fnukad 3-8-87 }kjk fnukad 1-1-86 ls ekU; fd;k x;k gS vuqlkj osrueku :i;s 445&635 dks osrueku :i;s 775&1200 ekU; fd;k x;k A bl osrueku dks iqu% iqujhf{kr djrs gq;s e/;izns'k dk;ZHkkfjr osru iqujhf{kr fu;e 1990 tks foRr foHkkx ds Kkiu dzekad 114&90&fu&1&pkj tks e/;izns'k jkti= esa fnukad 3-5-90 dks izdkf'kr fd;k gS dks fnukad 1-1-86 ls ykxw fd;k x;k] ds vuqlkj osrueku :i;s 775&1200 dk osrueku :i;s 825&1220 ekU; fd;k x;kA From the aforesaid, it is not in dispute that from 1/01/1986 pay scale was revised to 825-15-900-20-1220. Thereafter, as per schedule of Rule-4 of Seva Dainik-Karyabharit Tatha Akasmikta Karmchari Niyam, pay scale of 825-15- 900-20-1220 was revised to 2750-70-

3800-75-4400 w.e.f. 1/1/1996 though the notification was issued on 26/06/1998.

In view of the aforesaid, no further approval from the Finance Department as raised by the State before the Writ court is required. Accordingly, the impugned order is partly set aside with a direction that the appellant was rightly granted pay scale of Rs.2750-70-3800- 75-4400.

In view of the above judgment, the impugned order dated

Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 25-01-2023 18:03:17

06.12.2016 (Annexure P/1) is set-aside. Accordingly, the recovery and re-fixation is also quashed. The petitioner is entitled for pay scale of 825-1220 with all consequential benefits.

Certified copy as per rules.

(PRANAY VERMA) JUDGE ns

Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 25-01-2023 18:03:17