VIJENDRA SINGH BAIS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks quashing of the order dated 15.01.2003 (Annexure P/1) whereby the

(2.) The facts, as projected by the petitioners are that the petitioners were initially appointed as District Legal Aid Officers (for short 'the DLAOs'), through direct recruitment on the pay scale of 425-1050 under the provisions of Madhya Pradesh Ke Kamjor Vergon Ke Liye Vidhik Sahayata Tatha Vidhik Salah Adhiniyam, 1976 (for short 'the Act, 1976'). The Madhya Pradesh Legal Aid & Service Board was constituted under Section 3 of the Act 1976. The M.P. Legal Aid Board resolved that till the Board frames its rules and regulations governing its services of employees, the rules applicable on the Government Servant/Officers will govern the service conditions of the employee of the Board. On the said basis, the pay scales of the petitioners were revised from Rs. 425-1050/- and thereafter, in the pay scale of Rs. 8000-13500/- was granted to the petitioners, w.e.f. 01.01.1996 under Vth Pay Commission.

(3.) Since no rules were framed governing the service conditions of the petitioners, therefore, a writ petition was filed by the DLAOs before the High Court of Madhya Pradesh bearing No. W.P. 1549/1993, which was disposed of by order dated 12.10.1995, with a direction that the writ petition be treated as a representation and the same be decided by the Board. The said petition was considered by the Board and the pay scale of Rs. 2200-4000/- was fixed by order dated 30.01.1996 (Annexure P/3) which was granted w.e.f. 01.01.1986. Thereafter, their pay scales were revised and the petitioners were given the pay scale of Rs. 8000-13500/- w.e.f. 01.01.1996.