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Madhya Pradesh High Court · body

2020 DIGILAW 219 (MP)

Prakash Kamble And Others v. Narmada Valley Development Department And Others

2020-02-11

VANDANA KASREKAR

body2020
JUDGMENT 1. Heard. The petitioners have filed the present writ petition challenging the orders dated 08/05/2018 and 18/05/2018 (Annexure-P/6 and P/7) passed by respondent No.3, by which benefit of second time bound pay-scale, which was granted to the petitioners, has been withdrawn and has re-fixed the pay of the petitioners at lower stage. 2. The petitioners were initially appointed on the post of Lower Division Clerk vide orders dated 19/01/1984, 09/10/1984, 30/06/1993, 04/09/1990, 10/04/1990, 02/11/1988 and petitioners were promoted as A.G.-II and after completion of 20 years of service, they were granted the benefit of second time bound pay-scale in the year 2009-2010 (Annexure-P/5). However, without issuance any notice or giving any opportunity of hearing to the petitioner, the respondent No.3 has passed the order dated 08/05/2018, by which the benefit of time bound payscale, which was granted to the petitioners, has been withdrawn on the ground that the petitioners do not fulfill the eligibility criteria for promotion on the higher post. Being aggrieved by that order, the petitioners have 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 petitioners before passing the impugned order. It is further submitted that the petitioners are working on the post of Assistant Grade-III and Assistant Grade-II and the next promotional post is Assistant Grade-I, for which only five years experience is required, which the petitioners fulfills. That, the benefit of time bound pay-scale was given to the petitioners after screening their cases by the Screening Committee, therefore, the same could not have been withdrawn without issuing any notice to the petitioners. 4. Learned Government Advocate for the respondents/State have filed their reply stating that the petitioners do not possess requisite eligibility for the promotion in order to claim the benefit of second time bound payscale. The respondents have further stated that the due to inadvertent, the benefit of second time bound pay-scale was granted to the petitioners. As per clause-4 of the circular dated 24/01/2008 issued by the Finance Department for grant of benefit of second time bound payscale, employee should possess requisite eligibility for promotion in order to claim benefit of second time bound pay-scale. As per clause-4 of the circular dated 24/01/2008 issued by the Finance Department for grant of benefit of second time bound payscale, employee should possess requisite eligibility for promotion in order to claim benefit of second time bound pay-scale. 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 petitioners has rightly been withdrawn. 5. Heard learned counsel for the parties and perused the records. 6 In the present case, the petitioners were working on the post of Lower Division Clerk i.e. Assistant Grade-III since 1984 to 1993. After completion of 20 years of service, they were granted the benefit of second time bound pay-scale, which was subsequently withdrawn vide order dated 08/05/2018 on the ground that the petitioners do not fulfill the eligibility criteria for promotion as well as they have not cleared departmental examination. Relying on Clause-4 of the circular dated 24/01/2008, the respondents in their reply have stated that the petitioners are working on the post of Assistant Grade-III and Assistant Grade-II and next promotion post is Assistant Grade-I, for which the petitioners do not fulfill eligibility criteria, therefore, the benefit of second time bound pay-scale granted to the petitioners has been withdrawn. 7. From perusal of the records, it reveals that the petitioners are not working on the post of Assistant Grade-II and Assistant Grade-I, but they are 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 petitioners fulfills the said eligibility criteria and therefore, the Screening Committee (Annexure-P/5) has granted the benefit of second time bound pay-scale to the petitioners. It is also to be noted that the said benefit has been withdrawn vide order dated 08/05/2018, without issuing any notice or giving any opportunity of hearing to the petitioners, which amounts to violation of principles of natural justice. 8. It is also to be noted that the said benefit has been withdrawn vide order dated 08/05/2018, without issuing any notice or giving any opportunity of hearing to the petitioners, which amounts to violation of principles of natural justice. 8. In light of the aforesaid, I allow the present writ petition and the impugned orders dated 08/05/2018 and 18/05/2018 (Annexure-P/6 and P/7), so far it relates to the petitioners, are quashed. The respondents are directed to pay the benefit of second time bound pay-scale to the petitioners and accordingly re-fix the pay of the petitioners. Certified copy, as per rules.