Updesh Narayan Pandey vs The State Of Madhya Pradesh Energy ...
2023 Latest Caselaw 16521 MP

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                            ON THE 6 th OF OCTOBER, 2023
                                           WRIT PETITION No. 19488 of 2020

                           BETWEEN:-
                           UPDESH NARAYAN PANDEY S/O LATE SHRI RAM
                           SHANKAR, AGED ABOUT 64 YEARS, OCCUPATION: RTD.
                           OFFICE ASST GRADE 2 OFFICE OF THE ASSISTANT
                           ENGINEER OPH ZONE SOUTH CITY DIVISION M.P.
                           PASHCHIM KSHETRA VIDYUT VITARAN CO. LIMITED
                           INDORE R/O 541, KALANI NAGAR, AIRPORT ROAD,
                           INDORE (MADHYA PRADESH)

                                                                               .....PETITIONER
                           (BY SHRI KISHORI LAL PUROHIT, LEARNED COUNSEL)

                           AND
                           1.    THE STATE OF MADHYA PRADESH ENERGY
                                 DEPARTMENT THROUGH PRINCIPAL SECRETARY
                                 VALLABH BHAWAN BHOPAL (M.P.) (MADHYA
                                 PRADESH)

                           2.    STATE OF M.P. POWER MANAGEMENT CO.LTD.
                                 THR. CHIARMAN AND MANAGING DIRECTOR
                                 SHAKTI NAGAR VIDYUT NAGAR MPSEB COLONY
                                 RAMPUR JABALPUR (MADHYA PRADESH)

                           3.    MANAGING DIRECTOR (WEST ZONE) MP
                                 PASHCHIM KSHETRA VIDYUT VITRAN COMPANY
                                 LTD . O.P.H. PARISAR POLO GROUND, INDORE
                                 (MADHYA PRADESH)

                           4.    SUPERINTE4NDENT ENGINEER (CITY CIRCLE) MP
                                 PASHCHIM    KSHETRA    VIDYUT    VITARAN
                                 COMPANY LTD O.P.H. PARISAR POLO GROUND,
                                 INDORE (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                           (BY SHRI AJAY RAJ GUPTA, LEARNED GA FOR THE RESPONDENT NO.
                           1/STATE) (SHRI MADHUSUDAN DWIVEDI, LEARNED COUNSEL FOR THE
                           RESPONDENTS NO. 2-4)
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 06-10-2023
17:29:18
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                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

The present petition is filed under Article 226 of the Constitution of India seeking a direction for grant of second higher pay scale w.e.f. 30.09.2003. The petitioner has been granted second higher pay scale w.e.f. 06.05.2008. The petitioner has been denied the second higher pay scale w.e.f. 30.09.2003 mainly on the ground that he had previously forego the promotion.

2. Counsel for the petitioner submits that the controversy involved in the present case has already been decided by this Court in the case of Ishwar Lal

vs. M.P. Paschim Kshetra Vidyut Vitaran Company Ltd. (WP No. 3737/2006) and WP No. 3737/2006 decided on 06.05.2008 which was affirmed by the Division Bench of this Court in WA No. 847/2008 decided on 19.08.2014.

3. Counsel for the respondents submits that in light of the Circular dated 30.08.2007, Clause - IV, since the petitioner has refused promotion and, therefore, he is entitled for second higher pay scale from the date of the order. It is also argued that in the previous cases decided by this Court, the said Circular was not brought to the notice of the Court.

4. After hearing learned counsel for the parties and considering the fact that the claim of the petitioner for second higher pay scale w.e.f. 30.09.2003 has not been decided by the Competent Authority.

5. In view of the aforesaid, I deem it expedient to dispose off the petition with liberty to the petitioner to submit a detailed and comprehensive representation along with the relevant record and judgments of this Court before the Competent Authority within a period of one month from today and if such Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 06-10-2023 17:29:18

representation is submitted within the aforesaid period, the Competent Authority shall consider and decide the representation of the petitioner in accordance with the law by passing a speaking and reasoned order within a period of two months thereafter. The decision on the representation shall be communicated to the petitioner.

6. With the aforesaid, writ petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 06-10-2023 17:29:18