Principal Secretary, Veterinary Department v. S. N. Rathi
2020-03-12
S.C.SHARMA, SHAILENDRA SHUKLA
body2020
DigiLaw.ai
ORDER 1. Heard on IA No. 1152/2019, which is an application for condonation of delay. There is a delay of eight days in filing the appeal. 2. After hearing learned counsel for the parties, the delay stands condoned. 3. With the consent of the parties the matter is being heard finally at the motion hearing stage itself. 4. The present writ appeal is arising out of the order dated 27.11.2018 passed by the learned Single Judge in Writ Petition No. 5467/2017 (S.N. Rathi v. State of M.P. and others). 5. The facts of the case reveal that the respondent No.1 came up before this Court by filing a writ petition as the benefit of higher pay scale (time bond pay scale on completion of twenty years of service ) was not being extended to him. The facts of the case further reveal that the respondent No.1 was appointed on 20.6.1983 on the post of Rural Extension Organizer under the Ujjain Dugdh Sangh a Cooperative society registered under the Co-operative Societies Act, 1960 and he was sent on deputation by order dated 12.4.1999 to the Veterinary Department of State of Madhya Pradesh. He was repatriated on 19.8.2014 and he has attained the age of superannuation on 31.5.2017. An order was passed by the Ujjain Dugdh Sangh on 1.1.2014 granting higher pay scale on completion of twenty years of service with effect from 1.4.2006. Learned counsel for the State of Madhya Pradesh has not disputed the entitlement of the respondent No.1 in respect of grant of higher pay scale on completion of twenty years of service. Neither the Ujjain Dugdh Sangh has disputed the entitlement of the respondent No.1 for grant of higher pay scale with effect from 1.4.2006. The only dispute in the present case is in respect of payment to be made to the respondent No.1 i.e. whether it has to be paid by the State Government or it has to be paid by the Ujjain Dugdh Sangh. Undisputed facts of the case reveal that while sending the respondent No.1 on deputation by order dated 12.4.1999 it was mentioned in the order of deputation that the respondent No.1 shall not be entitled for allowances, medical reimbursement, bonus etc. which are being paid to the employees of the Ujjain Dugdh Sangh.
Undisputed facts of the case reveal that while sending the respondent No.1 on deputation by order dated 12.4.1999 it was mentioned in the order of deputation that the respondent No.1 shall not be entitled for allowances, medical reimbursement, bonus etc. which are being paid to the employees of the Ujjain Dugdh Sangh. The aforesaid condition does not come in way of the petitioner in the matter of grant of higher pay scale on completion of twenty years of service. The aforesaid condition was rightly inserted in the order of deputation only to ensure that the employee in question who is sent on deputation does not avail the benefits which are available to the employees of Dugdh Sangh simultaneously while availing the benefits from State of Madhya Pradesh. Undisputedly the petitioner was entitled for higher pay scale. The terms and condition of deputation does not dis-entitle him for grant of higher pay scale as argued by the learned counsel for the State Government. Earlier also the Veterinary Department has issued an order for extending the same benefit to the employees who are sent on deputation to Veterinary Department by an order dated 19.6.2013 and only in case of the petitioner he has been denied the benefit by the State Government for no rhyme or reason. The learned Single Judge in paragraphs-7, 8 and 9 of the order has held as under : "7. In the present case, the petitioner was initially appointed in Ujjain Dugdha Sangh, who sent on deputation to Veterinary Department on 17.5.1999. His services thereafter repatriated in Paternal Department on 19.8.2014. The respondent No.4 vide order dated 28.9.2015 has extended the benefit of pay scale of Rs.15600-39100+5400 grade pay to the petitioner. In the light of the said order he submits that the same pay scale should have been granted by Veterinary Department also. However, the said benefit during the period of deputation has not been extended to the petitioner, thus, the petitioner has filed the present petition. 8. The respondents have relied on the terms of the deputation which has been given at Annexure-P/5. As per the said order the employees who are sent on deputation, they will not entitled to get the other allowances like; allowances, travelling allowances, medical expenses and other allowances, which they were getting in their Parental Department.
8. The respondents have relied on the terms of the deputation which has been given at Annexure-P/5. As per the said order the employees who are sent on deputation, they will not entitled to get the other allowances like; allowances, travelling allowances, medical expenses and other allowances, which they were getting in their Parental Department. The said condition does not mention about the pay-scale payable to the petitioner in the Parental Department. The Veterinary Department had also issued an order for extending the said benefit to the employees who are sent on deputation to the Veterinary Department vide order dated 19.6.2013. Admittedly, petitioner is an employee of Ujjain Dugdha Sangh and his services were sent to Veterinary Department, therefore, he is entitled to get the same pay scale which he was getting in the Parental Department, therefore, it appears that respondents No.1 to 3 have illegally denied the said benefit to the petitioner. 9. In the light of the aforesaid discussions, the respondents No.1 to 3 are directed to pay the time bound pay scale as sanctioned by the department from 1.4.2006 till September, 2014 to the petitioner within a period of three months from the date of receipt of certified copy of the order alongwith all arrears." 6. In light of the fact that as the entitlement of the respondent No.1 has not been disputed and the respondent No.1 was on deputation till 19.8.2014, it is the State Government who has to pay the difference of salary to the respondent No.1 upto 19.8.2014 with effect from 1.4.2006 and thereafter the Ujjain Dugdh Sangh is liable to pay the amount on account of up- gradation. 7. Learned counsel Mr Nimgaonkar has informed this Court that the Ujjain Dugdh Sangh has already paid the amount to the petitioner with effect from 19.8.2014 to 31.5.2017 as he was serving with Ujjain Dugdh Sangh after repatriation. 8. In light of the aforesaid for the remaining period the learned Single Judge was justified in directing the State Government to pay the amount in question. This Court does not find any reason to interfere with the order passed by the learned Single Judge in Writ Petition No. 5467/2017 (S.N. Rathi v. State of M.P. and others). The amount be paid positively within three months, from the date of receipt of certified copy of this order.