Mangal Kant Bule vs The State Of Madhya Pradesh
2023 Latest Caselaw 18438 MP

                                                            1
                                IN   THE      HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 2 nd OF NOVEMBER, 2023
                                              WRIT PETITION No. 4586 of 2016

                           BETWEEN:-
                           MANGAL KANT BULE S/O KRISHNARAO BULE, AGED
                           ABOUT 65 YEARS, OCCUPATION: PENSIONER 29/4
                           NORTH RAJMOHALLA INDORE (MADHYA PRADESH)

                                                                                        .....PETITIONER
                           (BY SHRI L. C. PATNE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY   DEPARTMENT   OF   CULTURE
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    THE COMMISSIONER OF COMMERCIAL TAXES
                                 GOVERNMENT    OF  MP   INDORE INDORE
                                 (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY MS. PRANJALI YAJURVEDI - PL)

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

                           following:
                                                             ORDER

Instant petition is filed under Article 226 of the Constitution of India challenging the orders dated 30.9.2015 Annexure P/6 and order dated 5.3.2016 Annexure P/12 passed by the respondent No.2 denying the petitioner benefit of Second Time Scale of Pay in the pay scale of Rs.5000-8000 (revised to 9300- 34800 3200) with effect from 1.4.2006.

2. Counsel for petitioner submits that the aforesaid order passed by the

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 02-11-2023 17:08:57

authority is contrary to the Circular dated 24.1.2008. The Circular itself prescribes the benefit of second time scale of pay irrespective of number of promotion. In support of his submission he has placed reliance on a judgment passed by co-ordinate bench in the case of Dinesh Kumar Tiwari Vs. State of MP & Ors 2015(4)MPLJ 144. He further argues that the respondents have taken a stand in the reply that the petitioner is not entitled for the said benefit on the ground that second promotional post is not the post of direct recruitment. It is submitted that the aforesaid controversy has already been settled in the case of Pratap Narayan Vishwakarma Vs. State of MP & Ors 2016(4)MPLJ 491 and he also referred the order dated 14.3.2018 passed by

co-ordinate bench in the case of Sanjay Bhor Gade Vs. State & Ors WP No.2931/2017 dated 14.3.2018.

3. Counsel for State supports the impugned order.

4. After hearing learned counsel for petitioner and upon perusal of the impugned order, it is manifest that the authority has not considered the aforesaid judgments and circulars dated 24.1.2008, 1.4.2008 and 4.8.2008 in a proper perspective. In view of the aforesaid, the impugned orders dated 30.9.2015 and 5.3.2016 Annexure P/6 and P/12 are quashed. The respondent No.2 is directed to decide the matter afresh in the light of the judgments relied by the petitioner and the Circulars. The petitioner would be at liberty to file representation along with the relevant judgments and Circulars before the respondent No.2 within a period of 15 days from today and if such representation is submitted, the respondent No.2 shall reconsider and decide the claim of the petitioner in the light of the aforesaid judgment and circulars within a period of two months from the date of receipt of representation by passing a reasoned and speaking order and if the petitioner is found entitled, the said Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 02-11-2023 17:08:57

benefit shall be granted to the petitioner.

5. With the aforesaid, writ petition is allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE VM

Signature Not Verified Signed by: VARGHESE MATHEW Signing time: 02-11-2023 17:08:57