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Madhya Pradesh High Court · body

2012 DIGILAW 879 (MP)

State of M. P. v. Ajit

2012-09-11

PRAKASH SHRIVASTAVA, SHANTANU KEMKAR

body2012
JUDGMENT : This order will govern the disposal of WA No.78/2006 and WA 566/2006. [2] Writ appeal No.78/2006 has been filed under Section 2(1) of M.P. Uccha Nyalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005 challenging the order dated 21/2/2006 passed by the learned Single Judge in WP No.1148/2003 holding that under the Kramonnat pay scale scheme dated 17.3.1999/19.4.1999 the respondent is entitled to the next higher regular pay scale of Rs.8000-13500 instead of the next higher pay scale of Rs.5000-8000 provided in the Kramonnati Scheme whereas WA No.566/2006 is directed against the order of the learned Single Judge dated 7/10/2005 passed in WP No.7560/2003 where the learned Single Judge has taken the view that the petitioner employees are not entitled to the pay scale of Rs.8000-13500 applicable to the next higher post but are entitled to the pay scale of Rs.5000-8000 provided in the Kramonnati Scheme. The learned Single Judges in the order under appeal in these two Writ Appeals have taken divergently opposite view in the matter. [3] For convenience the facts have been noted from WA No.78/2006. [4] The respondent was initially appointed as Inspector in the Directorate of Industries. The post of Inspector was later re-designated as Assistant Manager. After revision of the pay scale with effect from 1/1/1996, during the relevant time in the year 1999 the pay scale of the Assistant Manager and the pay scale of next higher post of Assistant Director/Manager was as follows:- Inspector/Assistant Manager...Rs.4500-Rs.7000/- Assistant Director/Manager ...Rs.8000-Rs.13500/- [5] The State Government had issued the circular dated 17thth March 1999/19.4.1999 providing for grant of two higher pay scales on the completion of 12 and 24 years of service. Accordingly the case of the respondent was considered and the order dated 7/2/2003 was passed granting the higher pay scale of Rs.5000-8000 in place of the pay scale of Rs.4500-7000 which the respondent was receiving. The respondent had filed the WP No.1148/2003 raising the grievance that under the Kramonnati Scheme he was entitled to receive the pay scale of next higher post ie. the pay scale of Rs.8000-13500 and not the higher pay scale provided in the Kramonnati Scheme. The respondent had filed the WP No.1148/2003 raising the grievance that under the Kramonnati Scheme he was entitled to receive the pay scale of next higher post ie. the pay scale of Rs.8000-13500 and not the higher pay scale provided in the Kramonnati Scheme. [6] A reply was filed by the appellants before the Writ Court taking the stand that under the Kramonnati Scheme contained in the circular dated 17.3.1999/19.4.1999 the Kramonnat pay scale is to be granted in accordance with the Schedule attached with the Scheme and since the case of the respondent was covered by Item Number 7 of the Schedule which prescribes the corresponding higher pay scale of Rs.5000-8000 for the pay scale of Rs.4500-7000, therefore, accordingly the benefit was given to the respondent. [7] Learned Single Judge by the judgment dated 21/2/2006 has taken the view that upon Kramonnati the pay is to be fixed in pay scale as mentioned in column 3 of the Schedule enclosed with the circular or in the corresponding pay scale sanctioned for the post and has directed the appellants to give the respondent benefit of the sanctioned pay scale of Rs.8000-13500 which is the pay scale of the next higher post of Assistant Director of Industries. [8] Learned counsel for appellants submits that the learned Single Judge has committed an error in holding that the respondent is entitled to the regular pay scale of the next higher post whereas in terms of the Kramonnati Scheme he is entitled to the next Kramonnat pay scale as provided in the Schedule annexed with the Scheme. [9] The learned counsel for respondent supporting the impugned judgment has submitted that no error has been committed by the learned Single Judge in directing payment of the next higher pay scale applicable to the promotional post since the Kramonnati Scheme itself mentions that the pay scale mentioned in column 3 of the Schedule annexed with the scheme will be given or “TATHSTHANI” pay scale whichever is applicable will be given, therefore, applicable pay scale of next higher post ought to have been granted. [10] We have heard the learned counsel for parties and perused the record. [11] The services of the petitioner is governed by the Madhya Pradesh State Industries (Gazetted) Service Recruitment Rules 1985. [10] We have heard the learned counsel for parties and perused the record. [11] The services of the petitioner is governed by the Madhya Pradesh State Industries (Gazetted) Service Recruitment Rules 1985. As per the Rules, the next higher post for promotion from the post of Inspector/Assistant Manager is the post of Assistant Director/Manager. The respondent is working on the post of Assistant Manager. [12] The State had issued the circular dated 17thth March 1999/19thth April 1999 containing the Kramonnati Scheme and providing that every regular government employee/officer of the State in his entire tenure of service will be given atleast two higher pay scales in addition to the pay scale applicable at the time of entry into service. As per the Circular, the employees who have completed 12 years of service after their appointment in the same pay scale (including corresponding pay scale) can be granted Kramonnati on higher pay scale mentioned in the schedule annexed with the circular. The criteria for grant of Kramonnat pay scale has been provided in the circular. Along with the Circular, a Schedule has been enclosed providing for the existing pay scale and the corresponding Kramonnat pay scale payable under the circular. The respondent during the relevant time was in the pay scale of Rs.4500-7000 and in the schedule attached to the circular, for this pay scale the corresponding Kramonnat pay scale is Rs.5000-8000 which has been granted to the respondent by the order dated 7/2/2003. [13] We have minutely perused the circular dated 17thth March, 1999. In para two of the circular, it has been specifically mentioned that the Kramonnat pay scale will be granted according to the schedule enclosed with the circular. Similarly in para 2(c) it has been stated that on grant of Kramonnati, the pay scale will be fixed on the next higher stage of the Kramonnat Vetanman and the Kramonnat Vetanman has been mentioned in the Schedule enclosed with the Circular. Para 2 and 2(x) of the Circular read as under:- XXX XXX XXX [14] Thus, a bare reading of the circular makes it clear that on granting the Kramonnat Vetanman under the Circular the employee concerned is to get the corresponding Kramonnat Vetanman which has been given in column 3 of the Schedule enclosed with the circular. [15] Learned counsel for respondent has laid emphasis on the word “TATHSTHANI” mentioned in para 4 of the circular. [15] Learned counsel for respondent has laid emphasis on the word “TATHSTHANI” mentioned in para 4 of the circular. Para 4 of the Circular reads as under:- XXX XXX XXX [16] As per the legal glossary “TATHSTHANI” means “corresponding”. In para 4 of the circular it is mentioned that Kramonnat pay scale will be the pay scale mentioned in column 3 of the enclosed Schedule or its corresponding scale whichever is applicable. The language of the circular also does not suggest that on grant of Kramonnati, pay scale of next higher promotional post will be given. The circular apparently has been issued to give relief to the employees who are stagnating on the same pay scale. Proviso to para 2(x) and para 2(?k) of the circular make it clear that on grant of Kramonnati there is no change in designation and benefit granted under the Scheme is purely temporary as stop gap till the regular promotion is granted and it has no effect on the pay fixation after the regular promotion. [17] Thus as per the Scheme of Kramonnati as contained in the Circular, on granting the benefit of Kramonnati under the Scheme, the Kramonnat pay scale as mentioned in the Schedule enclosed with the Circular is to be granted and not the regular higher pay scale applicable to the next promotional post. [18] Learned counsel for respondent has placed reliance upon the judgment of the Supreme Court in the matter of Union of India and Union of India and Union of India and Union of India and Union of India and Union of India and Union of India and Union of India and Union of India and Union of India and Union of India and Union of India and Union of India and Union of India and Union of India and Union of India and others Vs. M.Mathivanan others  reported in (2006)6 SCC 57 but the said judgment is distinguishable on its own facts since in that matter the time bound promotion scheme under consideration itself provide for placing the officials in the next higher grade. The said judgment makes it clear that the time bound promotion and regular promotions are two different concepts. Learned counsel for respondent has also placed reliance upon the Single Bench judgment of this Court in the matter of Dinesh Kumar Khare Vs. The said judgment makes it clear that the time bound promotion and regular promotions are two different concepts. Learned counsel for respondent has also placed reliance upon the Single Bench judgment of this Court in the matter of Dinesh Kumar Khare Vs. State of MP and another reported in 2006(1)MPJR 340 but in that case not only the next higher pay scale of the promotional post was given but in fact literally and actually promotion to the next higher post was granted. He has also placed reliance upon the Division Bench judgment of this Court in the matter of State of MP and others Vs. Subash Chandra Agrawal reported in 2008(3)MPLJ 586 but the issue involved in that case was different from the issue involved in the present matter. In that case the issue was in respect of the manner of examination of the eligibility for promotion of time bound promotion pay scale which is not the issue in the present case. [19] Keeping in view the aforesaid aspect of the matter, we are of the considered opinion that the respondent in WA No.78/2006 and the petitioner in WA No.566/2006 were rightly granted the Kramonnat pay scale by the State as provided in the schedule annexed with the circular dated 17thth March 1999/19thth April, 1999. Accordingly, we set aside the order of the learned Single Judge dated 21/2/2006 passed in WP No.1148/2003 and affirm the order of the learned Single Judge dated 7/10/2005 passed in WP No.7560/2003. Thus, Writ Appeal No.78/2006 is allowed and Writ Appeal No.566/2006 is dismissed. [20] Original judgment is kept in the record of WA No.78/2006 and a copy whereof be placed in the record of connected WA No.566/2006.