Madhya Pradesh High Court
Jivraj Khede vs The State Of Madhya Pradesh on 8 May, 2025
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2025:MPHC-IND:12192
1 WP-6382-2014
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 8 th OF MAY, 2025
WRIT PETITION No. 6382 of 2014
JIVRAJ KHEDE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Astha Nagori-advocate on behalf of Shri Rahul Sethi- advocate for the
petitioner.
Shri Mukesh Parwal- Govt. Advocate for the respondent/State.
ORDER
The petitioner, who has served the Tribal Welfare Department of
Madhya Pradesh in various roles, has approached this Court under Article
226 of the Constitution of India, seeking quashment of the impugned order
dated 02.06.2014 (Annexure P/8), passed by the respective authorities
denying him the benefit of regular pay scale from the date of completion of
five years of continuous service.
2. The grievance of the petitioner is that despite rendering long years
of service, he has not been granted the regular pay scale from the date of his
entitlement, which is contrary to the benefits extended to similarly placed
employees in compliance of the orders passed by the Division Bench of this
court in Revaram vs. State of MP (WA No. 355/2010) and Kailash Talware
vs. State of MP (WA No. 359/2010).
3. The issue involved in this case has already been considered and
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decided by this Court in the case of Asha Rathore vs. Tribal Welfare
Department and Others in W.P. No.7280/2018 dated 28.02.2025 and this
Court has granted the benefit of pay scale to the petitioner therein from the
date of her entitlement. The relevant contents of order dated 28.02.2025 are
reproduced below:-
"9. The facts stated in the petition and the return are not in dispute.
The entire claim of the petitioners is based on the circular dated
17.3.1978 issued by the Finance Department, State of Madhya
Pradesh.
10. By the aforesaid circular the doubts were clarified in respect of
implementation of the Madhya Pradesh Work Charge
Contingency Pay Fixation Rules, 1977 working in various
government departments. Earlier contingency paid employees
were getting the consolidated pay, therefore, from 1.1.1974 first
time the pay scale was fixed for the purpose of payment of
salary/wages to them. As per the answer to query No.6, these rules
were made applicable to the employees who were already in
service. They were kept in two categories - (1) the employees who
have completed one year service from 1.1.1974 were granted the
benefit of revision of pay scale and remaining employees were
held entitled to get the benefit of pay after completion of 5 years
of service and continuity in the service. Respondents have rejected
the claim of the petitioners only on the ground that this benefit of
circular was made applicable to the employees who were
appointed prior to 1.1.1974 and since the petitioners were
appointed after 1.1.1974, therefore, they are not entitled for the
benefit of circular dated 17.3.1978. The Clause 6 is reproduced
below:-
''ये िनयम केवल उन कमचा रय को ह लागू ह गे जो नवीन सेवा के सद य है अथवा भ व य म इस
सेवा के सद य होने के पा ह गे। अथात ् जो कमचार दनांक 1.1.74 को एक वष क सेवा पूण कर
चुके ह गे उ ह पुनर त वेतनमान का लाभ ा होगा और अ य कमचा रय को इन वेतनमान
का लाभ तब ा होगा जब वे 5 वष क सेवा पूण कर चुकगे और सेवा के सद य होने के पा ह गे।''
11. As discussed above, those employees who had completed one
year of service on 1.1.1974, they were granted the benefit and
second set of employees who were appointed after 1.1.1974 and
completed 5 years of service are claiming revised pay scale after
completion of 5 years service. The respondents further submitted
in the return that the Circular dated 17.3.1978 has been nullified
vide another circular issued by Finance Department dated
28.1.2014, hence, it is no more applicable on daily rated
employees. The aforesaid contention is liable to be rejected on the
ground that before issuance of circular dated 28.1.2014, the right
had already been accrued in favour of the petitioners to get the
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benefit of circular dated 17.3.1978 and all these petitioners were
appointed prior to 28.1.2014 as daily rated under the contingency
paid establishment. Therefore, the cancellation or superceding the
Circular dated 17.3.1978 on later date cannot be a reason to deny
the benefit to the petitioners. The respondents cannot submit that
the petitioners cannot claim parity with Rewaram (WA
No.355/2010 decided on 12.5.2014) and order dated 10.4.2014
passed in WA No.359/2010 (Kailash Chandra Vs. State of M.P.
and others) on the ground that the petitioners therein have been
given benefit of regular pay scale after completion of 5 years of
service before 1.1.1974 and the petitioner was appointed on
29.1.1993
12. As discussed above, the cut-off date 1.1.1974 was made
applicable to those employees who were appointed prior to
1.1.1974 and they were given benefit of revision pay scale who
had completed one year's service upto 1.1.1974, and for other
employees like petitioners the benefit is liable to be given after
completion of 5 years of service. The petitioner was appointed
on 29.1.1993 became entitled to get benefit of new pay scale after
completion of 5 years of service i.e. in the year 1998. Earlier the
petitioner had been given the benefit of regular pay scale Rs.2550-
3200 vide order dated 10.7.2014 from the date of filing if writ
petition i.e. 6.11.2012 relying on circular dated 17.3.1978. The
petitioners challenged the said order only on the ground that they
were wrongly given the benefit from the date of filing of petition,
whereas they are entitled to the benefit from the date of
completion of 5 years of service. The writ petition was disposed of
by applying the judgment passed in the case of Kailashchandra
(supra) mutatis mutandis , but by the impugned order dated
18.8.2017 they have not been held entitled to get regular pay
scale. Therefore, benefit which had already been given to them,
was not directed to be withdrawn by this Court in WP
No.5528/2014. With the consent of parties, the petition was
disposed of by observing that the identical case has already been
decided by the Division Bench of this Court in WA No.359/2010
(Kailashchandra Vs. State of M.P.).
13. Shri Kailashchandra filed a Writ Appeal No.359/2010 which
came to be allowed vide order dated 10.4.2014 directing
respondents to verify and if it is found that the petitioner is
identically placed person, then the regular pay scale be given after
completion of 5 years of service with all consequential benefits. In
the light of the aforesaid judgment, the claim of the petitioner was
considered and the benefit of regular pay scale was given from the
date of filing petition 6.11.2012. Relevant para is reproduced
below:-
" अत- शासन िनदशानुसार एवं ग ठत सिमित क अनुशंसा एवं कले टर महोदय के
अनुमोदन अनुसार माननीय यायालय ख डपीठ इं दौर ारा पा रत िनणय के पालन म
यािचकाकता कु. आशा राठौर भृ य दै िनक वेतनभोगी कमचार को म. . शासन व वभाग
के ापन मांक ड -302/95/िन-1/4/78 दनांक 17.03.78 क कं डका-6 अनुसार कु. आशा
राठौर भृ य दै िनक वेतनभोगी कमचार क थम िनयु दनांक 29.01.1993 होने के कारण
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सेवा म 05 वष क अविध पूण करने के दनांक 29.01.1998 से कायभा रत एवं
आक मकता िनधी सेवा क थापना मे पद थ कया जाकर नैमेितक मद म वेतनमान
2550-3200 म पये 2550/- वेतन एवं शासन ारा चिलत महं गाई भ ा दये जाने क
वीकृ ित माननीय सव च यायालय एवं उ च यायालय म वचाराधीन मश:
एस0एल0पी0/ रट अपील/ र यू यािचकाओं म होने वाले िनणय के अ यधीन दान क जाती
है । माननीय यायालय के िनणय अनुसार यािचकाकता को वेतनमान का वा त वक लाभ
रट यािचका तुत कये जाने के दनांक 6.11.2012 से दे य होगा।
उ वीकृ ित आदे श माननीय उ च यायालय ख डपीठ इ दौर ारा करण मांक WP
10615/2012 (S) म पा रत िनणय के संदभ मा कु. आशा राठौर दै िनक वेतनभोगी कमचार
के िलए जार कया जा रहा है । यह वीकृ ित कसी अ य करण म उदाहरण व प मा य
नह ं होगी।''
14. Again the petitioner approached this Court by filing WP
No.5528/2014 and the writ petition was allowed by following
order:-
"Keeping in view the above undisputed position, the present writ
petition is disposed of by holding that the directions issued in the
matter of Kailash Chandra (supra) by the Division Bench of this
Court will apply mutatis mutandis in the present case and the
respondent will examine the petitioner's case in the light of the
aforesaid directions within a period of three months from the date
of receipt of certified copy of this order."
15. Therefore, a writ of mandamus was issued to the respondents
to treat the petitioner at par with Kailash Chandra for grant of
benefit of regular pay scale from the date of initial appointment,
the respondents malafidely passed the wrong order dated
18.8.2017 to deny the legitimate claim of the petitioner, despite
several orders passed by this Court.
16. Therefore, the writ petition is allowed. Order dated 18.8.2017
is hereby set aside. The petitioner be given the benefit of regular
pay scale after completion of 5 years service from the date of
initial appointment in view of the circular dated 17.3.1978. All
the consequential benefits be also given to the petitioner. The
order passed by the Collector, Barwani is set aside with a cost of
Rs.20,000/-. The cost is imposed for the reason that unnecessarily
the Collector has compelled all these petitioners to approach this
Court and thereafter up to the Supreme Court".
4. In view of the above, the writ petition is allowed and the impugned
order dated 02.06.2014, is hereby set aside. The petitioner be given the
benefit of regular pay scale after completion of 5 years service from the date
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of initial appointment in view of the circular dated 17.03.1978. All the
consequential benefits be also given to the petitioner.
5. With the aforesaid, the petition stands disposed of.
(SUBODH ABHYANKAR)
JUDGE
moni/2517-17
