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Madhya Pradesh High Court · body

2016 DIGILAW 972 (MP)

Guneshwar Krishan Manjuja v. M. P. E. B.

2016-10-27

S.K.SETH

body2016
ORDER 1. Petitioner entered the service of respondent No.1 Board in the year 1963 as Assistant Engineer and by order dated 13.5.1963 his pay was fixed in the pay-scale of Rs.300-300-25-400-EB-30-700. Later on petitioner was promoted to the post of Divisional Engineer and to the post of Superintendent Engineer about this fact there is no dispute. 2. Respondent No.1 Board vide order dated 6.5.1982 introduced the policy of giving benefits of higher pay-scale to the officers who could not get the promotion in the higher post for want of vacancies. 3. As per the said order, officers who had completed 9-10 years of service in the same grade in a particular pay-scale without getting due promotion for want of clear vacancies were eligible to the next higher pay scale from the following date on which he had completed 9/10 years of service in the same grade. It also laid down the manner in which his pay shall be fixed in the next scale. 4. Subsequently, the pay-scale of the employees of the Board were revised w.e.f. 1.4.1989 which were modified by order dated 4.11.1989. Again by order dated 19.1.1990, the earlier order dated 4.11.1989 was modified and revised pay scale of Class-I and Class-II officers as indicated in the table was introduced in the said order. There was nothing regarding ineligibility to get the higher pay-scale on the basis of qualification. 5. Petitioner submitted his option but he was denied higher pay-scale of the post of Additional Chief Engineer on the ground that he had no degree in his favour. Petitioner made several representations but to no avail and he filed present writ petition after serving the legal notice, claiming the following reliefs :- 1. That this Hon'ble Court may kindly be pleased to command the respondent Board to certify the records of the petitioner and also re-examine the case of the petitioner in accordance with Circular dated 19.1.1990 on the basis of his application dated 12.3.1990. 2. The Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari to quash the impugned order dated 5.12.1997 (Annexure P-10) and order dated 16.4.1998 (Annexure P-14) 3. 2. The Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari to quash the impugned order dated 5.12.1997 (Annexure P-10) and order dated 16.4.1998 (Annexure P-14) 3. This Hon'ble Court may kindly be pleased to command the respondent Board to grant higher pay-scale to the petitioner on the post of Additional Chief Engineer and promotion to the post of Additional Chief Engineer with retrospective effect i.e. from the date when his junior was promoted pursuant to the aforesaid policy of the respondent Board. 4. Any other relief, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be granted. 6. The respondents have filed their return and in the return the only ground taken by them is that the petitioner is not entitled to higher pay-scale of the post of Additional Chief Engineer because a diploma engineer was not entitled to get higher promotion beyond the post of Superintendent Engineer and for this they have placed reliance on the Board's orders dated 19.7.1990 (Annexure R-1) and dated 29.5.1990 (Annexure R- 5). 7. Annexure R-1 is the order of the Board which supersedes the earlier order dated 26.5.1990 but it does not modify the order dated 19.1.1990 or the order dated 6.5.1982 or order dated 4.11.1989. 8. So far as actual promotion is concerned, respondents may have laid down the eligibility criteria as per Annexure R-5 but for granting benefit of higher pay-scale upon completion of certain years of services does not amount to promotion but only the benefit is to the higher pay-scale. 9. Learned counsel for the petitioner has also placed reliance on unreported decision of this Court rendered in Miscellaneous Petition No.739/87 S.S. Murti v. M.P. Electricity Board decided on 16.1.1997 wherein a similarly placed persons were granted benefit of the higher pay-scale of the post of Additional Chief Engineer. 10. After having heard submissions of the counsel for petitioner and carefully going through the pleadings of respondents and the Annexures filed along with return and the unreported decision of this Court in the case of S.S. Murti v. M.P. Electricity Board, I am of the considered opinion that the present petition deserves to be allowed and it is hereby allowed. 11. Accordingly the impugned orders dated 5.12.1997 (Annexure P-10) and 16.4.1998 (Annexure P-14) are hereby quashed. 12. 11. Accordingly the impugned orders dated 5.12.1997 (Annexure P-10) and 16.4.1998 (Annexure P-14) are hereby quashed. 12. The respondents are directed to reconsider the matter of petitioner for grant of higher payscale of the post of Assistant Chief Engineer from the dated he became eligible for the said benefit. The petitioner shall be entitled to get all the consequential benefit but he shall not be entitled to get arrears of salary from the date of his retirement to the date of the order passed by the Court. 13. Petition stands disposed of with the cost of Rs.1000/- 14. Let the whole exercise be done within a period of 6 months from the date of receipt of certified copy of this order. P. K. Mishra for petitioner.