W.P. No.7231 / 2010
21 /06/2010:
Shri N. S. Ruprah, learned counsel for the petitioners.
Shri Rajesh Tiwari, learned Government Advocate for
respondents/State.
Petitioner has filed this petition challenging action of the
respondents ordering recovery from the salary of the petitioner
and withdrawing the benefits, which was earlier granted to the
petitioner in pursuance to the circular dated 16/12/1997. It is a
case of the petitioner that pay fixation of the petitioner was done
in accordance to the circular dated 16/12/1997 with effect from
01/01/1986 and annual payment was granted, even though the
circular dated 16/12/1997 was still in existence and the benefit
granted was withdrawn, petitioner has filed this petition being
aggrieved by the said action.
Records indicate that many petitions were filed by
similarly situated employees challenging similar action and a
Bench of this Court in W.P. No.6818/03 (P.C. Maurya and
Another Vs. State of M.P. & Others) decided the matter vide
Annexure IA-3, on 19/01/2006 and quashed the action of the
State Government, the fixation done and benefit granted in
accordance to the Circular dated 16/12/1997 was maintained and
the direction issued to the respondents was to grant benefit of
fixation in the revised scale w.e.f. 01/01/1996. Petitioners are
claiming similar benefit, as has been granted to Shri Maurya and
others in pursuance to the order passed on 19/01/2006 in
Annexure IA-3. Records indicate that the order passed by the
learned Single Bench in the case of P.C. Maurya (Supra) was
followed in various other cases and Writ Appeal filed had also
been dismissed. Order passed by the Division Bench in W.A.
No.337/07 on 22/04/2008 is available on record as Annexure IA-
4. Keeping in view the aforesaid, when all other matters have
been decided and benefit to similarly situated employees are
granted, there is no reason why petitioners be not extended same
benefit.
Accordingly, this petition is allowed, impugned order is
quashed and respondents are directed to consider the case of the
petitioner and grant them all benefit as has been granted to Shri
P.C. Maurya and other similarly situated employees in pursuance
to the order passed by this Court on 19/01/2006 vide Annexure
IA-3. Necessary exercise for extending the aforesaid benefit be
concluded and benefits granted to the petitioner within three
months from the date of receipt of certified copy of this order.
The petition stands allowed and disposed of with the
aforesaid.
(Rajendra Menon)
Judge
Mrs.mishra