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1978 DIGILAW 594 (MP)

Pramilabai v. State of M. P.

1978-08-05

A.R.NAVKAR, K.K.DUBE

body1978
Short Note : 1. By this petition under Article 226 of the Constitution of India the petitioner seeks a mandamus that the Government be directed to release her monthly increments and fix her salary in the time scale of Rs. 169-300/- with effect from 1-1-1972. Held: The question that arises for consideration in this case is as to what time scale the petitioner would be entitled to. The petitioner was appointed in the time scale of Rs. 100-140-EB-170. The petitioner could not be singled out and her time scale reduced unilaterally to her detriment by the Government. The petitioner has also pointed out that in the case of Indirabai Parnerkar, Pramilabai Pate, Mathubai Kelkar, Sushilabai Verma and Sitabai Chauhan, in similar situation, their pay scale was fixed in the time scale of Rs. 169-300/- though, of course, they had been posted in the State Insurance Dispensary. Apparently, while revising the scale, they could not reduce their basic scale when in all other cases they are enhancing the pay scale. Her pay scale could not be reduced to Rs. 90-140/-. She is employed at the Civil Hospital, Gwalior. The Government actually granted two increments after she had reached to Rs. 140/- the highest scale before the efficiency bar. This clearly showed that the petitioner was appointed in the time scale of Rs. 100-170/-. After revision of pay scales, she would be entitled to the new scale of. Rs. 169-300/- with effect from 1-1-1972. 2. We then come to the second point as regards the efficiency bar. It is well settled that the efficiency bar could not be removed unless the Government was satisfied. The Government held the absolute power to judge and to be satisfied whether or not they should clear the efficiency bar of the particular employee. The return clearly shows that the petitioner is not given increments because she had reached the highest of pay scale of Auxiliary Nurse-cum Midwife which is Rs. 90-140/-. In the opinion of the Government, there is no question of efficiency bar We have already held that the petitioner is entitled to the time seal of Rs. 100-140-EB-170 and, therefore, she will be entitled to the usual increments even after she has reached the pay scale of Rs. 140/-. The Government dose not want to block the petitioner at the efficiency bar. 100-140-EB-170 and, therefore, she will be entitled to the usual increments even after she has reached the pay scale of Rs. 140/-. The Government dose not want to block the petitioner at the efficiency bar. Since there is nothing against the petitioner, she would be entitled to the increments after the efficiency bar. However, a formal order of the Government would be necessary for crossing the efficiency bar. We would direct that the pay scale of the petitioner be fixed in the revised scale of Rs. 160-300/- with effect from 1-1-1972 and prior to that date, she would be entitled to a time scale of Rs. 100-140-EB-170/-. We further direct that since the Government had nothing against the petitioner as would warrant holding of the efficiency bar, the Government should pass necessary orders removing the efficiency bar at Rs. 140/- and pay the increments accordingly. We hope this will be done expeditiously. Petition allowed,