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Madhya Pradesh High Court · body

2012 DIGILAW 1065 (MP)

Sanjay Sharma v. State of M. P.

2012-10-16

S.C.SHARMA

body2012
Judgment S.C. Sharma, J.;- 1. The petitioner before this court has filed the present petition being aggrieved by non-grant of minimum of pay scale as revised under the recommendations of 6th Pay Commission. The petitioner was serving the department as a daily wager and he was granted minimum of the pay scale under the pay scale. Learned counsel has drawn the attention of this court towards an order dated 3.7.12 passed in W.P. No. 5332/10(s) in the case of Kishori Lal Prajapati and Others Vs. State of M.P. & Ors. and his contention is that a similar controversy has been decided by this court. This court has carefully gone through the aforesaid order dated 3.7.2012 and paragraphs 7, 8 and 9 reads as under :- 7 : If the persons like petitioners were granted the benefit of minimum of the pay scale with the allowances, applicable on the post on which they are working, how could it be said that they will not be entitled to the revision of the pay scale if the pay of the said post is revised by the State Government accepting the recommendation of the Sixth Pay Commission. The order of the Tribunal is clear. It nowhere says that the persons like petitioners would be entitled to only minimum of the pay scale as is prevalent on the date and they will never get benefit of revision of the pay scale. The only rider put by the Tribunal is that the petitioners would not get the increments of pay. This being so, the respondents are bound to extend the benefit of revision of the pay, applicable to the post on which the petitioners are working. Consequently, the petitioners will get the benefit of minimum of the revised pay scale and allowances of the posts against which they are working, as has been accepted by the State Government on the basis of recommendation of the Sixth Pay Commission. The same would be applicable to the persons like petitioners from the date the revision of pay scale has been done. The admissible amount is to be calculated and is to be paid to the petitioners. 8 : Resultantly, the writ petitions are allowed. The respondents are directed to grant benefit of revision of the pay scale on the recommendation of Sixth Pay Commission to the petitioners. The admissible amount is to be calculated and is to be paid to the petitioners. 8 : Resultantly, the writ petitions are allowed. The respondents are directed to grant benefit of revision of the pay scale on the recommendation of Sixth Pay Commission to the petitioners. The minimum of the pay scale as revised from time to time be paid to the petitioners along with the admissible allowances, from the date the said revision has been accepted by the State Government. The arrears of salary be calculated and be paid to the petitioners, within three months from the date of receipt of certified copy of the order passed today. 9 : With the aforesaid directions, the writ petitions stand disposed of finally. There shall be no order as to costs. 2. Keeping in view the aforesaid judgment, the present writ petition is allowed. The respondents are directed to grant the benefit of revision of pay scale based upon the recommendations of 6th Pay Commission to the petitioner. The minimum of the pay scale as revised from time to time be paid to the petitioner alongwith the admissible amounts from the date of the said revision has been accepted by the State Government. The aforesaid exercise be concluded within a period of three months from the date of receipt of a certified copy of this order. No order as to costs.