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Madhya Pradesh High Court · body

2005 DIGILAW 781 (MP)

Krishna Bihari Nagayach v. State of M. P.

2005-07-29

A.K.SHRIVASTAVA

body2005
ORDER A.K. Shrivastava, J. 1. This petition was originally filed before the State Administrative Tribunal, Jabalpur on 29-11-1999, however, on account of abolition of the Tribunal, this petition has been received by this Court for its adjudication. 2. By this petition, the petitioner is claiming benefit of the senior pay scale w.e.f. 1-1-1986 and for re-fixation of his terminal benefits including the current pension and to award 18% interest per annum on the arrears. 3. In brief, the case of petitioner is that he was appointed as Veterinary Assistant Surgeon (in short 'VAS') on 30-9-1959 and was promoted to the post of Assistant Director of Veterinary Services (for brevity 'ADVS') on 27-3-1982. In that regard Annexure-A/1 has been filed by him. The petitioner has joined as ADVS on 7-4-1982. Respondent No. 1 passed an order dated 1-11-1993 (Annexure-A/3) demonstrating the relevant position of the post of Additional Director of Veterinary Services and Veterinary Assistant Surgeon. Earlier to i-1-1972 VAS were drawing salary in the scale of Rs. 240-450/- and the scale of ADVS Rs. 275-700/-. Thereafter, w.e.f. 10-12-1972 the pay scale of VAS became Rs. 350-650/- and that of ADVS Rs. 425-900/-. Vide order dated 11-3-1974 the post of VAS was given the pay scale of Rs. 400-800/-. Again the pay scales were revised and vide order dated 4-7-1981 the pay scale of VAS became Rs. 425-900 and the pay scale of ADVS was fixed to Rs. 500-1150/-. Again vide order dated 3-10-1982 the pay scales were revised and VASs were fixed to Rs. 1000-1920/- and ADVS to Rs. 1000-1920/-. Though the pay scales of both the posts became the same, however, ADVS was given Rs. 150/- per month as special pay. Again, pay scales were revised w.e.f. 4-2-1990 and the pay scale of VAS junior scale revised to Rs. 2200-4000/- and senior scale revised to Rs. 2800^250/-. The senior scale of pay was provided upon completion of 12 years of service as per Annexure-A/3. However, according to petitioner, this order did not create any separate pay scales of ADVSs and all ADVSs were fixed in the pay scale of Rs. 2200-4000/-. This fixation created anomalous situation. Finally, according to the petitioner, vide Annexure-A/3 dated 1-11-1983 it was ordered that the post of ADVS and VAS will be unified and one single cadre of VASs be created; a joint seniority list will be prepared. 2200-4000/-. This fixation created anomalous situation. Finally, according to the petitioner, vide Annexure-A/3 dated 1-11-1983 it was ordered that the post of ADVS and VAS will be unified and one single cadre of VASs be created; a joint seniority list will be prepared. Firstly, the erstwhile ADVSs according to the seniority and, thereafter VASs according to their seniority were arranged and all officers of unified cadre were given the pay scale according to the notification dated 4-2-1990 w.e.f. 1-1-1986. 4. The contention of learned counsel for the petitioner is that in the unified seniority list, the higher pay scale of Rs. 2800-4250/- was considered as senior pay scale. Its notional benefits were given w.e.f. 1-1-1986 and the annual benefit was given w.e.f. 1-1-1989. 5. It has been vehemently putforth by Shri Ruprah, learned counsel for the petitioner that vide Annexure-A/3 all the VASs who have completed 12 years of service become entitled for senior pay scale of Rs. 2800-4250/-. In that regard learned counsel has invited my attention to Annexure-A/1Q which is an order issued by the Directorate dated 23/30-10-1992 revising the pay scale to Rs. 2800-4250/- after completion of 12 years of service. Since this was not provided to the petitioner, he submitted representation but the senior pay scale of Rs. 2800-4250/-has not been provided to him and, therefore, the petitioner is entitled to be fixed in the pay scale of Rs. 2800-4250/- and the difference be paid to him by re-fixing his pension. 6. On the other hand, Shri Ashok Agrawal, learned Govt. Advocate, by inviting my attention to the return, has submitted that the scale of Rs. 2800-4250/- is a 'Kramonnati' scale of VAS and ADVS after completion of 12 years or 24 years of service if the employee is working in the same grade/pay scale in which he has entered into the service for more than 12 years or 24 years, he becomes entitled for the next higher pay scale. But, higher pay scale is not granted automatically and the case of each employee has to be considered by Screening Committee and then only he is recommended in the 'Kramonnati' scale. The contention of learned Govt. Advocate is that completing qualifying 12 years of service is not the sole criteria but the case of every employee is to be considered by the Screening Committee on the norms fixed in accordance to Annexure-A/9. The contention of learned Govt. Advocate is that completing qualifying 12 years of service is not the sole criteria but the case of every employee is to be considered by the Screening Committee on the norms fixed in accordance to Annexure-A/9. To complete qualifying service of 12 years, is one of the criteria. The contention of learned Govt. Advocate is that the Screening Committee did not find merit in the case of the petitioner as he was not qualifying the norms fixed for giving benefit of higher pay scale of Rs. 2800-4250/- and for that reason the said benefit has not been extended to the petitioner. 7. After having heard learned counsel for the parties, I am of the view that this petition deserves to be dismissed. 8. The contention of learned counsel for the petitioner that since the petitioner had qualified 12 years of his service, he is entitled to the super time pay scale of Rs. 2800-4250/- vide Annexure-A/10 cannot be accepted. Merely the length of service is not a sole criteria. In this regard I may profitably rely Annexure-A/9 which is an order issued by the State Government (Veterinary Services) dated 27th October, 1993 in which a committee headed by Director, Veterinary Services, has been constituted having two senior members like Additional Director/Joint Director (establishment) Veterinary Services and Dy. Director (establishment) Veterinary Services. The committee was required to consider the cases of AVSs who have completed 12 years of their service to fix them in the Super-time pay scale of Rs. 2800-4250/- on the basis of the test mentioned in this order. The committee, in order to provide super time pay scale of Rs. 2800-4250/- was required to see the case of each AVS by examining his ACRs of three years and these ACRs should not less than "Kha". If out of three years, in a particular year rating assess is assessed "Ga' grade then in next two years, the employee atleast should have "Kha" grade, further there should not be any pending departmental enquiry against him and job integrity was also required to be considered. If the VASs who have completed 12 years of his service proves their hallmark on the touch stone of these three norms then only they are entitled to the super-time pay scale of Rs. 2800-4250/-. If the VASs who have completed 12 years of his service proves their hallmark on the touch stone of these three norms then only they are entitled to the super-time pay scale of Rs. 2800-4250/-. Thus, there is no substance in the argument of learned counsel for the petitioner that only after completing 12 years of service on the post of AVS petitioner becomes entitled for super-time pay scale of Rs. 2800-4250/-. Moreover Annexure-A/10 has been issued by Director, Veterinary Services and it is dated 23/30-10-1992, vide Annexure-A/9 order issued by the State Government (Veterinary Services) is later and is dated 27th October, 1993. The case of the petitioner was considered by the Screening Committee in order to provide him super-time pay scale but he was not found fit under the zone of consideration for higher pay scale. In that regard I have perused the record of Screening Committee and it is found that the ACRs of the petitioner of 1983-84, 84-85 and 1985-86 were not found upto the mark and they were duly communicated to the petitioner vide letter dated 27-6-1986. 9. Since the petitioner was not found fit by the Screening Committee in the slots fixed according to the order Annexure-A/9 of the State Government, the view of this Court is that rightly he has not been given the benefit of super-time pay scale of Rs. 2800-4250/-. I have already held hereinabove that completing 12 years of service is not the sole criteria, in order to obtain the benefit of super-time pay scale of Rs. 280(M250/-, but the petitioner is also required to prove his hallmark on the anvil of the other norms also, as fixed by the State Government in its order dated 27th October, 1993 (Annexure-A/9). 10. For the reasons stated hereinabove, this petition is found to be devoid of any substance and the same is hereby dismissed with no order as to costs.