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Madhya Pradesh High Court · body

2019 DIGILAW 596 (MP)

Shailendra Rawal v. State of M. P.

2019-08-21

VANDANA KASREKAR

body2019
ORDER 1. The petitioner has filed the present writ petition challenging the order dated 19.7.2018 (Annexure-P-7) passed by respondent no. 2, by which benefit of second time bound pay-scale, which was granted to the petitioner, has been withdrawn. 2. The petitioner was initially appointed on the post of Lower Division Clerk vide order dated 12.6.1990 (AnnexureP-1) and after completion of 20 years of service, he was granted the benefit of second time bound pay-scale vide order dated 20.7.2010. However, without issuance any notice or giving any opportunity of hearing to the petitioner, the respondent No. 2 has passed the order dated 19.7.2018, by which the benefit of time bound pay-scale, which was granted to the petitioner, has been withdrawn on the ground that the petitioner does not fulfill the eligibility criteria for promotion on the higher post. Being aggrieved by that order, the petitioner has filed the present writ petition. 3. It has been stated that, the impugned order is illegal, arbitrary and is violative of principles of natural justice. That, no notice or any opportunity of hearing was given to the petitioner before passing the impugned order. It is further submitted that the petitioner is working on the post of Assistant Grade-III and the next promotional post is Assistant Grade-II, for which only five years experience is required, which the petitioner fulfills. That, the benefit of second time bound pay-scale was given to the petitioner after screening his case by the screening Committee, therefore, the same could not have been withdrawn without issuing any notice to the petitioner. 4. Learned counsel for the respondents have filed their reply stating that the petitioner does not possess requisite eligibility for the promotion in order to claim the benefit of second time bound pay-scale. The respondent has further stated that the due to inadvertent, the benefit of second time bound pay-scale was granted to the petitioner w.e.f. 23.6.2010. As per clause-4 of the circular dated 24.1.2008 issued by the finance department for grant of benefit of time bound pay-scale, employee should possess requisite eligibility for promotion in order to claim benefit of time bound payscale. The eligibility criteria for promotion from the post of Assistant Grade-III to Assistant Grade-II is that the candidates should have cleared the clerical examination by clearing four subjects mentioned therein as well as the age of candidate should be 45 years and above. The eligibility criteria for promotion from the post of Assistant Grade-III to Assistant Grade-II is that the candidates should have cleared the clerical examination by clearing four subjects mentioned therein as well as the age of candidate should be 45 years and above. Admittedly, the petitioner has not cleared the departmental examination to claim the benefit of pay-scale, therefore, the benefit which is granted to the petitioner has rightly been withdrawn. 5. Heard learned counsel for the parties and perused the records. 6. In the present case, the petitioner was working on the post of Lower Division Clerk i.e. Assistant Grade-III since 12.6.1990. After completion of 20 years of service, he was granted the benefit of time bound pay-scale w.e.f. 23.6.2010, which was subsequently withdrawn vide order dated 19.7.2018 on the ground that the petitioner does not fulfill the eligibility criteria for promotion as well as he has not cleared departmental examination. Relying on Clause 4 of the circular dated 24.1.2008, the respondents in their reply have stated that the petitioner is working on the post of Assistant Grade-III and next promotion post is Assistant Grade-II, for which the petitioner does not fulfill eligibility criteria, therefore, the benefit of second time bound pay-scale granted to the petitioner has been withdrawn. 7. From perusal of the records, it reveals that the petitioner is not working on the post of Assistant Grade-II, but he is working on the post of Assistant Grade-III and next promotion post from the post of Assistant Grade-III is the post of Assistant Grade-II, for which, eligibility criteria is five years' experience. The petitioner fulfills the said eligibility criteria and therefore, the screening Committee, vide order dated 20.7.2010 has granted the benefit of second time bound payscale to the petitioner. It is also to be noted that the said benefit has been withdrawn vide order dated 19.7.2018, without issuing any notice or giving any opportunity of hearing, which amounts to violation of principles of natural justice. 8. In light of the aforesaid, I allow the present writ petition and the impugned order dated 19.7.2018 (Annexure-P-7), so far it relates to the petitioner, is quashed. The respondents are directed to pay the benefit of second time bound pay-scale to the petitioner.