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Madhya Pradesh High Court · body

2013 DIGILAW 1360 (MP)

Sharda Prasad Sen v. M. P. State Electricity

2013-11-12

SANJAY YADAV

body2013
JUDGMENT : Sanjay Yadav, J. 1. Petitioner by way of present petition seeks quashment of order dated 28.6.2006 (Annexure P-5) and order dated 18.7.2006 (Annexure P-10). By order dated 28.6.2006 higher pay scale granted to the petitioner on the post of Office Assistant Grade III has been withdrawn on the ground, that the petitioner did not clear the accountancy examination in first attempt. Whereas by order dated 18.7.2006 the recovery is being directed from the petitioner. 2. It is contended by learned counsel for the petitioner that issue as to whether an incumbent an Office Assistant Grade III having been granted higher pay scale in contemplation of his passing accountancy examination in three attempts has been settled at rest by a decision rendered in W.P. No. 1515/2007(s) (Gangadhar Dhokekar v. M.P. State Electricity Board) and W.P. No. 1514/2007(s) decided on 24.9.2009 and whereagainst appeal preferred by the respondent vide Writ Appeal No. 1220/2009 and Writ Appeal No. 1266/2012 has been dismissed on 8.8.2013. 3. In Writ Petition No. 1515/2007(s) Gangadhar Dhokekar (supra) it has been held: 7. This Court has carefully gone through the aforesaid circular issued by the respondents/Board and the aforesaid circular does not provide that the higher pay-scale has to be given an employee on completion of the Accounts Training. The aforesaid circular only provides that an employee who has been conferred the benefit of higher pay-scale has to clear the Accounts Training conducted by the Board. Not only this, the subsequent circular issued by the Board dated 29.8.2003, Annexure P/7 reads as under:-- MADHYA PRADESH STATE ELECTRICITY BOARD //CIRCULAR// No. 01-07/V/5/4581 Jabalpur dated 29.8.2003. Sub: Imparting Accounts Training to O/A.Gr.I/SK.Gr.II and OA Gr.II. The Board vide circular No. 01-05/I/8 dated 30.01.89 has issued instructions that office Assistant shall be required to undergo 03 months Accounts Training one either at the level of OA Gr.II of OA Gr.I. Further in case of employees who were not promoted to the post of OS Gr.II after 01.01.89, it will be necessary for them to undergo 03 months Accounts Training and also pass the associated examination before they are considered from promoted to the next higher post of OA Gr.I/SK Gr.II or grant of higher pay scale. The employess working as OA Gr.I/SK. The employess working as OA Gr.I/SK. Gr.II as on 01.01.89 and who have not undergone accounts training as OA Gr.II or OA Gr.I shall be considered for promotion to the next higher post of Section Officer/Stock Verifier but will be required to undergone and pass 03 months Accounts Training before they are considered for promotion to the post of Administrative Office or Accounts Officer. Further vide circular No. 01-05/V/5140 dated 11.07.90 and No. 01-07/V/F/13 dated 09.05.95 it was clarified that the availing the opportunity of Accounts Training and if any OA Gr.II/I fails to avail all the 4 chances then he/she would not be given further chances for undergoing Accounts Training and a note will be made to this effect in the Service Book/Confidential Report. It is gathered that there are still a number of employees who have not undergone Accounts Training could not avail the opportunity for various reasons. It has now been decided that employees who have been given 04 chances in the past but could not avail the opportunity may be given one more chance with the clear instructions to the controlling officers concerned that employees must be relieved to join Accounts Training whenever he/she is deputed for the same. It should also be made very clear to them that this is the last chance given to them to clear the Accounts Training and if they fail to avail this opportunity they would do so at their risk and the consequences resulting out of this will have to be faced by them. It is requested that the Board's decision stated above may be circulated amongst all concerned employees working under your jurisdiction. BY ORDER ADDITIONAL SECRETARY (P)I M.P. State Electricity Board, Jabalpur dated 29.8.2003. The aforesaid circular makes it very clear that three chances are to be given to an individual to undergo the Account Training an in the present case, the petitioner has successfully qualified the Accounts Training in the second attempt. The circular relied upon by the learned counsel for the respondents/Board dated 30th January, 1989 also does not provide that the benefit of higher pay scale has to be conferred to an employee from the date he clears the Accounts Training. The aforesaid circular provides that in case an employee has not cleared the Accounts Training, he shall not be considered for grant of subsequent higher pay-scale/subsequent promotion. The aforesaid circular provides that in case an employee has not cleared the Accounts Training, he shall not be considered for grant of subsequent higher pay-scale/subsequent promotion. The aforesaid circular nowhere provides that the benefit of higher pay-scale to an employee has to be given from the date he has cleared the Accounts Training Examination. 4. The aforesaid view has been affirmed by a Division Bench on 8.8.2013. 5. Learned counsel for respondent does not dispute the present position of law. It is also not disputed that petitioner cleared the Accountancy examination in two attempts. 6. In view whereof and taking into consideration the decision rendered in case of Gangadhar Dhokekar (supra) and the fact that vide circular dated 29.8.2003 three attempts for passing Accountancy examination has been referred and when the impugned orders dated 28.6.2013 and 18.7.2006 are tested on the anvil of pronouncement of law they do not stand the scrutiny. 7. The impugned order dated 28.6.2006 cancelling the grant of higher pay scale and recovery 18.7.2006 are accordingly quashed. 8. Interim order dated 7.3.2007 is made absolute. The petition is allowed to the extent above. No costs.