Madhya Pradesh High Court
Dr. Brijesh Kumar Sharma vs The State Of Madhya Pradesh on 2 February, 2024
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 2 nd OF FEBRUARY, 2024
WRIT PETITION No. 22017 of 2019
BETWEEN:-
DR. BRIJESH KUMAR SHARMA S/O LATE SHRI S.N.
SHARMA, AGED ABOUT 60 YEARS, OCCUPATION:
PROFESSOR OF PHYSICS GOVT. SCIENCE COLLEGE
GWALIOR (MADHYA PRADESH)
.....PETITIONER
(BY SHRI R.S. CHAUHAN - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, STATE OF MADHYA
PRADESH, DEPARTMENT OF HIGHER
EDUCATION, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. COMMISSIONER, HIGHER EDUCATION
D EPARTM EN T GOVT. OF MADHYA PRADESH
SATPURA BHAWAN (MADHYA PRADESH)
3. PRINCIPAL, GOVT. SCIENCE COLLEGE, GWALIOR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI RAVINDRA DIXIT - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
1. The present petition under Article 226 of the Constitution is preferred
by the petitioner seeking following reliefs:
a. That, the impugned order dated 30.9.2015
(Annexure-P/1) may kindly be quashed.
b. That, the order may kindly be modified and
senior grade pay-scale may kindly be awarded
from 4.1.1991 instead of 27.07.1998 and further
the selection grade pay-scale may kindly be
awarded w.e.f. 4.1.1996 instead of 27.07.2003
and the 4th band of pay may kindly be awarded
from 1.1.2006 in place of 27.7.2006.
c. That, the respondents may kindly be directed
to pay arrears of difference of pay after fixation
of pay in senior grade/selection grade pay-scales
and after awarding 4th band of pay scale from
due dates.
d. That, any other such order or direction, which
the Hon'ble Court may deem fit and proper in the
facts and circumstanced of the case, may kindly
be also passed along with costs of the Writ
Petition.
2. Petitioner was appointed as Assistant Professor of Physics on
temporary and emergency basis under the Madhya Pradesh Educational Service
(Collegiate Branch) Recruitment Rules, 1967. After duly selected on the basis
of merit vide order dated 17-12-1986 in the University Grants Commission pay
scale, petitioner worked uninterruptedly since then. He was regularized on 24-
12-1998. Petitioner was promoted on the post of Professor of Physics on 13-
06-2018.
3. The Department of Higher Education, Government of Madhya Pradesh
issued a circular on 14-09-2012 in which it is mentioned that the Assistant
Professors who have completed more than 3 years in Senior Selection grade
pay scale (1200-420-18300) shall be placed in 4th band of pay scale (37400-
67000+AGP 9000). The extract of the circular dated 14-09-2012 is enclosed
with the petition as Annexure-P/13.
4. The respondent No. 2 has issued impugned order Annexure-P/1 dated
30-09-2015 showing petitioner name at S. No. 61 indicating that due to average
ACRs during years 1990, 1991, 1992 and 1996, higher pay scale cannot be
given from due date. The aforesaid Average ACRs from the year 1990 to 1992
and 1996 shown in impugned order Annexure -P/1 at S. No. 61 was never
communicated to the petitioner by the respondents. The Principal of the
relevant college in the relevant years never issued any letter to the petitioner
showing dissatisfaction with the work of petitioner.
5. Learned counsel for the petitioner placed order dated 07-12-2018
passed in bunch of writ petitions in which Writ Petition No.4305/2018 {Dr.
(Mrs.) Jyoti Vaidya Vs. Higher Education Department} was the lead case and
submits that in the same set of facts, petitions were allowed and certain
direction were given to the petitioner to prefer representation and authorities
were further directed to grant the benefits of senior grade pay scale as per law
along with interest. Said order was followed by the Coordinate Bench vide its
order dated 28-08-2019 passed in writ petition No.17682/2019 (Dr. Anil Kumar
Upadhyaya Vs. The State of Madhya Pradesh). Matter went to the writ
appellate stage and the Division Bench vide order dated 01-03-2019 in Writ
Appeal No.310/2019 (State of Madhya Pradesh & Ors. Vs. Dr. Jyoti Vaidya)
dismissed the appeal preferred by the State Government and affirmed the order
of Single Bench.
6. Learned Single Bench relied upon the judgments of Apex Court in the
case of Dev Dutt Vs. Union of India & Ors. (2008) 8 SCC 725 and
Sukhdev Singh Vs. Union of India and others, (2013) 9 SCC 566.
Petitioner seeks parity.
7. Learned counsel for the respondents/State opposed the prayer but
could not dispute the parity sought by the petitioner.
8. Considering the arguments advanced by learned counsel for the parties
and the ground of parity, this petition is disposed of with the direction that the
directions contained in order dated 07-12-2018 passed in bunch of writ
petitions in which Writ Petition No.4305/2018 was the lead case, shall apply
mutatis mutandis in respect of service condition of petitioner. However, factual
details would be taken from the petition. However, petitioner shall not be
entitled for interest.
9. Petition stands disposed of in above terms.
(ANAND PATHAK)
JUDGE
Anil*
ANIL Digitally signed by ANIL KUMAR
CHAURASIYA
DN: c=IN, o=HIGH COURT OF MADHYA
KUMAR
PRADESH BENCH GWALIOR, ou=HIGH
COURT OF MADHYA PRADESH BENCH
GWALIOR,
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CHAURASI
ae27e84c266b09d283f0799e67cdc7df50f,
postalCode=474001, st=Madhya Pradesh,
serialNumber=EC534CBB3B245F050119F06F
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YA
9C2446E, cn=ANIL KUMAR CHAURASIYA
Date: 2024.02.06 10:45:39 +05'30'
