NANAK SINGH PARASTE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard finally with the consent of learned counsel for the parties.

(2.) The petitioner is emergency appointee Assistant Professor. He is appointed on 23/12/1987 under the then existing M.P. Educational Services (Collegiate Branch) Recruitment Rules, 1967 (in short 'the Rules, 1967') . Rule 13(5) of the said Rules made provision for appointment of Lecturers on emergency basis.

(3.) In this writ petition, the petitioner has claimed grant of Senior Pay Scale and Selection Grade Pay Scale by counting his services from the date of initial appointment as emergency appointees. The petitioner has claimed that if his services are counted from the date of initial appointment as emergency appointees, he is entitled for Senior Pay Scale and Selection Grade Pay Scale on and from the date, he became eligible for such benefit. The issue involved in this petition have already been decided by the Madhya Pradesh High Court in the matter of Dr. Sandhya Prasad vs. State of M.P. and others (W.P. No. 807/2007 {s}, decided on 13/7/2007). The Writ Appeals preferred by the State of Government against the said order was dismissed by the Division Bench. Against the writ appeals, the State Government preferred SLP before the Supreme Court, which came to be decided in the matter of State of Madhya Pradesh and others vs. Satyavrata Taran reported in (2012) 2 SCC 83. The Supreme Court remitted back the matter to the High Court for decision afresh with the following observations :