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Madhya Pradesh High Court · body

2021 DIGILAW 10 (MP)

Anuj Pratat Singh v. State of M. P.

2021-01-06

VISHAL DHAGAT

body2021
ORDER : Vishal Dhagat, J. 1. Petitioner has filed this writ petition being aggrieved by the action of respondents by which benefit of Second Time Scale of pay was given to petitioner with effect from 28.05.2013. 2. It is submitted by the counsel for the petitioner that the petitioner is entitled to get the benefit of Second Time Scale of pay after completing 20 years of service i.e. from 30.06.2009. 3. Petitioner was appointed as Sub-auditor in Department of Panchayat and Social Welfare on 30.06.1989. He was absorbed in Department of Finance, Government of M.P., in Local Fund Audit Department. On 28.02.2015 an order was passed by State Government that Sub-auditors are entitled to get benefit of circular dated 24.01.2008 for grant of Second Time Scale of pay after completion of 20 years of service. Petitioner has completed 20 years service on 30.06.2009 from the date of his appointment i.e. from 30.06.1989. Respondents have wrongly mentioned his date of appointment in service record as 28.05.1993. Petitioner has qualified departmental examination on 28.05.1993 and was regularized in service. As per Government circular dated 24.1.2008 petitioner ought to have been granted benefit of Second Time Scale of pay from date of initial appointment and not from date of regularisation. Employees junior to petitioner were granted benefit of Second Krammonati from initial date of appointment. Petitioner ought to have been granted similar benefits. In view of aforesaid, it is prayed by counsel appearing for petitioner to quash the impugned orders dated 5.5.2016, 16.5.2016 and 2.6.2016 by which representation of petitioner was rejected and pass further direction/order to respondents to grant benefit of Second Time Scale of pay w.e.f. 30.06.2009. 4. Respondents had not filed their reply in this case. Last opportunity to file reply was granted to respondents on 08.09.2017. One more indulgence was granted to respondents to file reply on 03.03.2020. In view of aforesaid order matter is heard ex-parte without reply of State Government. 5. Respondents, on the basis of pleadings and documents filed by petitioner, made submission that petitioner was initially appointed on probationary basis for a period of two years which is evident from order dated 15.02.1991. Petitioner was required to pass Departmental Examination within the probation period of two years for his confirmation. Petitioner cleared the Departmental Examination on 28.05.1993. Benefit of Time Scale is applicable to those employees who are entitled for promotion. Petitioner was required to pass Departmental Examination within the probation period of two years for his confirmation. Petitioner cleared the Departmental Examination on 28.05.1993. Benefit of Time Scale is applicable to those employees who are entitled for promotion. Since only regular employees are eligible for promotion, therefore, benefit of Time Scale can only be granted to regular employees and not probationary employees. Respondents had relied on Rule 8 of MP Civil Services (General Condition of Service) Rules 1961. Rule 8 of the Rules is quoted as under:- "8. Probation. - (1) A person appointed to a service or post by direct recruitment shall ordinarily be placed on probation for such period as may be prescribed. (2) The appointing authority may, for sufficient reasons, extend the period of probation by a further period not exceeding one year. [x x x] (3) A probationer shall undergo such training and pass such departmental examination during the period of his probation as may be prescribed. (4) The services of a probationer may be terminated during the period of probation if in the opinion of the appointing authority he is not likely to shape into a suitable Government servant. (5) The services of a probationer who has not passed the departmental examination or who is found unsuitable for the service or post may be terminated at the end of the period of his probation. [(6) On the successful completion of probation and passing of the prescribed departmental examination, if any, the probationer shall, if there is a permanent post available, be confirmed in the service or post to which he has been appointed, either a certificate shall be issued in his favour by the appointing authority to the effect that the probationer would have been confirmed but for the non-availability of the permanent post and that as soon as a permanent post becomes available he will be confirmed]. [(7) A probationer, who has neither been confirmed, nor a certificate issued in his favour under sub-rule (6), nor discharged from service under sub-rule (4), shall be deemed to have been appointed as a temporary Government servant with effect from the date of expiry of probation and his conditions of service shall be governed by the Madhya Pradesh Government Servants (Temporary and Quasi-Permanent Service) Rules, 1960]." Said Rules prescribe that on successful completion of probation and passing of prescribed Departmental Examination a probationer can be confirmed to the post to which he has been appointed and if permanent post is not available then certificate is issued to the effect that as soon as permanent post becomes available, employee shall be confirmed. If probationer has not cleared the Departmental Examination nor obtained the certificate, he would be deemed to have been appointed as temporary Government Servant and his condition of service shall be governed by MP Government Servants (Temporary and Quasi-permanent Service) Rules 1960. Circular of General Administration Department dated 07.11.2009 is in respect of employees who had passed Hindi typing examination at belated date. Such employees will be granted benefit of Time Scale of pay from date of appointment. Said circular will not be applicable in case of petitioner. In view of aforesaid petitioner was rightly granted benefit of Second Time Scale of pay from 28.05.2013 and not from 30.06.2009 and, therefore, the petition filed by the petitioner may be dismissed. 6. Heard the counsel for petitioner as well as of respondents. 7. From a perusal of the record it is apparent that petitioner will get benefit of Second Time Scale of pay from 30.06.2009, if he shows that he has been confirmed in service retrospectively by order of State Government from the date of his initial appointment i.e. on 30.06.1989. Petitioner will get benefit of Rule 8(6) of the Rules, if he is able to show that he has been confirmed as a civil servant from the date of his initial appointment by order of regularisation. Petitioner has not filed order of his regularisation in service. In absence of order of confirmation of service from 30.06.1989 petitioner will not be entitled to get Second Time Scale of pay from 30.06.2009 by counting his services from initial date of appointment i.e. 30.06.1989. His services have been counted from the date of his regularisation when he passed Departmental Examination. In absence of order of confirmation of service from 30.06.1989 petitioner will not be entitled to get Second Time Scale of pay from 30.06.2009 by counting his services from initial date of appointment i.e. 30.06.1989. His services have been counted from the date of his regularisation when he passed Departmental Examination. No document has been filed by petitioner to show that there was extension of probation period of 2 years or to show that he has been confirmed in service from retrospective date i.e. from 30.6.2009. In absence of same, petitioner is entitled to get Second Time Scale of pay from date of regularization and not from initial appointment as he failed to pass Departmental Examination within two years of probation period as mentioned in letter dated 15.2.1991 (Annexure P/1). In view of same no fault can be found with the order passed by respondents. 8. In view of above writ petition filed by petitioner is dismissed.