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Madhya Pradesh High Court · body

2014 DIGILAW 1649 (MP)

Laxmi Narayan Sharma v. State of M. P.

2014-12-11

K.K.TRIVEDI

body2014
JUDGMENT : K.K. Trivedi, J. 1. The only dispute raised in the present writ petition is for grant of pay scale as was applicable w.e.f. 01.01.1986, on account of passing of an order of absorption of petitioner on the post of Ayurved Medical Officer w.e.f. 28.04.1988. It is the case of the petitioner that the dispensary in which he was working was taken over by the State Government and he was absorbed on the post of Assistant Ayurved Medical Officer whereas he was entitled to be absorbed on the post of Ayurved Medical Officer. The petitioner has approached this Court by way of filing W.P. No. 12757/2009 (s) for the said purposes, which was disposed of vide order dated 03.12.2009, directing the respondents to consider the case of the petitioner in terms of the law laid down by the Division Bench of this Court in the case of State of M.P. and others Vs. Dr. Purshottam Dwivedi and others-W.P. No. 5287/1997, and to grant appropriate relief. It is further contended by learned counsel for the petitioner that while passing the order, after due consideration, with the approval of the M.P. Public Service Commission, on 03.05.2012, though the petitioner is absorbed on the post of Ayurved Medical Officer w.e.f. 28.04.1988, yet he has been given the pay scale of Rs.1820-3300. It is contended that such pay scale was erroneously given to the petitioner and, therefore, the petitioner would be entitled to grant of proper pay scale. 2. On receipt of the notice of this writ petition, return has been filed by the respondents but they have not examined or explained the fact that the pay scale of the Ayurved Medical Officer was revised w.e.f. 01.01.1986 in the pay scale of Rs.2200-4000 and even if the petitioner was to be absorbed on the post of Ayurved Medical Officer from a later date from 01.01.1986, the very same pay scale was to be given to him. Comparison of the petitioner is done with some other persons and it is stated that he was not at par with the other persons, and thus was not entitled to such pay scale. It is thus contended that the petition is liable to be dismissed. 3. Comparison of the petitioner is done with some other persons and it is stated that he was not at par with the other persons, and thus was not entitled to such pay scale. It is thus contended that the petition is liable to be dismissed. 3. After due consideration of the rival submission of learned counsel for the parties, it is clear that the pay scale of the post of Ayurved Medical Officer itself was revised w.e.f. 01.01.1986 in the pay scale of Rs.2200-4000/- and, therefore, if the petitioner was absorbed on the aforesaid post, he was entitled to grant of that pay scale. The grant of pre-revised pay scale to the petitioner is nothing but an erroneous act of the respondents, which cannot be countenance. 4. Accordingly, the writ petition is allowed. The respondents are directed to grant the pay scale of Rs. 2200-4000/- pursuant to the order dated 03.05.2012 with effect from the date of absorption and to grant the benefit of said pay scale in the matter of fixation of pay and pension, to the petitioner. 5. Let this be done within a period of two months from the date of receipt of certified copy of the order passed today. 6. With the aforesaid, the writ petition stands allowed and disposed of. 7. Certified copy as per rules.