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Madhya Pradesh High Court · body

1977 DIGILAW 357 (MP)

Nilkantha Bahidar v. State of M. P.

1977-09-19

J.S.VERMA, K.K.DUBE

body1977
Short Note : 1. The petitioner is a Vaidya in the service of the State receiving the pay scale salary prescribed for Vaidya, Grade II. The petitioner's claim is that he is actually a Vaidya Grade 1. The foundation of the petitioner's claim is an order dated 24-8-1966, wherein he is shown as Vaidya, Grade I. The contention of the State was that the petitioner is a Vaidya, Grade II; it is by a clerical error that he is shown to be a Vaidya, Grade I in the order. Held: The petitioner was appointed as Vaidya, Grade II and was getting pay accordingly. The mention of Grade I against the petitioner's name is the order is an obvious clerical error. Apart from this order, there is nothing else shown on behalf of the petitioner to support his claim of being in the Grade I, whereas all other documents including his initial appointment order and fixation of his pay on revision of the pay scales indicate that he was merely a Grade II Vaidya. The foundation for the petitioner's claim is, therefore, absent. Petition dismissed