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Madhya Pradesh High Court · body

2019 DIGILAW 628 (MP)

Dilip v. State of M. P.

2019-08-30

VANDANA KASREKAR

body2019
ORDER 1. The petitioner has filed the present writ petition for quashment of order Annexure-1 and seeking directions to the respondents for extending the benefit of 5th pay pay-scale to him from the date its applicability i.e. 1.1.1996. 2. The petitioner was initially appointed on the post of Chowkidar since 1.1.1993. His services were terminated along with other daily wage employees w.e.f. 28.3.2000, but thereafter, he was taken back in service in the year 2004 and since then, the petitioner is working on the post of Driver. The petitioner has stated that he has completed more than 29 years of services and is qualified for appointment on the post of Driver. He further stated that they have granted benefit of 5th and 6th pay-scale from the date of its application i.e. 1.1.1996 to the similarly situated persons, however, the same benefit has not been granted to the petitioner. The petitioner has further stated that although the name of the petitioner has been sent by the Executive Engineer, NVDA for grant of 6th pay-scale, but no benefit has been extended to him. The petitioner has therefore, filed Writ Petition No. 463/2016 before this Court and the same was allowed vide order dated 18/01/2016 directing the respondents for grant of benefit of 5th and 6th pay-scale. In pursuant to the orders issued by this Court, the respondents have considered the case of the petitioner and the matter was sent to the Council of Ministers along with other employees for grant of minimum of pay-scale along with the arrears of 5th and 6th Pay-scale to the employers of NVDA. Council of the Ministers vide its meeting dated 5.7.2016 has approved the grant of the minimum of the pay-scale in 5th and 6th Pay-scale and its arrears. Thereafter, on 18.10.2016, the respondents have issued an order for grant of minimum of payscale in 5th and 6th Pay-scale to the petitioner and other employees. Thereafter, vide order dated 27.10.2016, the Executive Engineer granted minimum of the pay-scale and arrears of 6th pay-scale to the petitioner from the date of applicability of 6th pay-scale. The State Government, thereafter, had passed the order dated 18.10.2016 and granted the minimum of the pay-scale in 6th pay-scale to the petitioner from 1.1.2016 and not granted benefit of 5th pay scale. The State Government, thereafter, had passed the order dated 18.10.2016 and granted the minimum of the pay-scale in 6th pay-scale to the petitioner from 1.1.2016 and not granted benefit of 5th pay scale. But by impugned order above benefit of 6th pay scale was withdrawn and granted pay scale from the date of filing of the petition and non-grant of 5th pay scale. 3. Learned counsel for the petitioner submits that this Court in the case of Kishorilal Prajapati and others v. State of M.P and others ( W.P. No. 5332/2010(s) passed on 3.7.2012 ) [Reported in 2013 (1) JLJ 86 ] which is upheld by Hon'ble Supreme Court, has held that the employees working in the NVDA are entitled for the benefit of 5th and 6th Pay-scale from the date of its applicability, therefore, the respondents have erred in passing the impugned order, thereby granting the benefit to the petitioner from the date of filing of the petition. Therefore, he further submits that the order passed by this Court in the case of Kishorilal Prajapati's case, has been upheld by the Hon'ble Supreme Court, therefore, the respondents are duty bound to comply with the order passed by this Court in the cases of similarly situated employees. Council of the Ministers has already approved the case of the petitioner for grant of 6th Pay-scale from the date of its applicability and therefore, now the Executive Engineer has no power to grant his benefit from the date of filing of the petition. 4. The respondents have filed the reply and in the said reply, the respondents have not disputed this fact that the petitioner is entitled to get minimum of the pay-scale, however, they denied that since the petitioner is working as daily wager employee, therefore, he is not entitled to get the benefit of 5th and 6th payscale. 5. Heard learned counsel for the parties and perused the records. 6. In the present case, the petitioner was initially appointed on the post of Chowkidar on 1.1.1993 in the department. The respondents have extended the benefit of 5th and 6th pay-scale to the other similarly situated persons. The petitioner, therefore, filed a Writ Petition No. 463/2016 before this Court and the said writ petition was disposed of vide order dated 18.1.2016 directing the respondent/s to pay the 5th and 6th pay scale in light of the case of Kishorilal Prajapati (supra). The petitioner, therefore, filed a Writ Petition No. 463/2016 before this Court and the said writ petition was disposed of vide order dated 18.1.2016 directing the respondent/s to pay the 5th and 6th pay scale in light of the case of Kishorilal Prajapati (supra). In pursuance to the orders issued by this Court, the respondents have considered the case of the petitioner and the matter was sent to Council of Ministers alognwith other cases for grant of minimum of pay-scale along with arrears in 5th and 6th Pay-scale to the employees of the NVDA. 7. Council of Minsters in its meeting dated 5.7.2016 has approved the grant of minimum pay-scale along with its arrears. Accordingly, the order dated 18.10.2016 was issued by the respondents / department, thereby extending the said benefit to the petitioner and other employees, however, thereafter, the Executive Engineer has issued the order dated 27.10.2016, thereby extending the benefit of only 6th pay-scale to the petitioner w.e.f. 1.1.2016, but has not granted the benefit of 5th pay scale. The petitioner is also similarly situated employee, therefore, the respondents are duty bound to comply with the order passed by this Court in favour of the petitioner also. 8. In view of the aforesaid, present writ petition is allowed order Annexure P-1 is quashed. The respondents are directed to extend the benefit of 5th pay-scale to the petitioner from the date of its applicability i.e. 1.1.1996 along with all arrears, within a period of four months from the date of receipt of certified copy of this Court.