NAVAL SINGH CHANDEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners by way of the present writ petition are seeking a writ in the nature of mandamus commanding the respondent to grant senior pay scale with effect from the date immediately after completion of six years service as indicated in chart Annexure P/1 with consequent revision thereof under revision of pay Rules of 1990 with effect from the due date.

(2.) As per writ filed by the petitioners jointly, they have completed six years of qualifying service in between 1/1/1990 to 17/6/93 and as such, they are entitled for senior pay scale, which has not been granted to them. It has also been pleaded that Medical Specialists have already been granted benefit of senior pay scale w.e.f. 1/2/1997 by an order dtd. 20/2/2004, whereas the present petitioners have been granted senior pay scale w.e.f. 20/2/2004 and as such, such a course is suffered bias of discrimination and the respondent be directed to grant senior pay scale from the date on which they have completed six years of qualifying service.

(3.) The respondent/State has filed its return that in the new State of Chhattisgarh, the total cadre strength of Assistant Surgeons allocated to it was 1455 and 25% of the said cadre comes to 364 and out of Assistant Surgeons allocated to the State of Chhattisgarh, 170 were already getting benefits of senior pay scale and to make up deficiency 198 more Assistant Surgeons have been granted benefit of that scale w.e.f. 1/1/2001 by order dtd. 6/7/2006. It was also pleaded that vide Annexure R/2, 5 more Assistant Surgeons were granted benefit of senior scale of pay w.e.f. 1/1/2002 because out of total strength of 1455, 5 posts fell vacant during the year 2001 and by the same order 6 Assistant Surgeons were given benefit of senior scale of pay w.e.f. 1/1/2003 as a result of 6 posts falling vacant during the year 2002 and similarly by the same order 4 Assistant Surgeons were given bene- fit of senior scale of pay w.e.f.1/1/2004 as a result of 4 posts falling vacant during the year 2003. Thus, w.e.f. 1/1/2001, 25% of the total cadre strength of Assistant Sur- geons are getting benefit of Senior Scale. Similarly, w.e.f. 1/1/2001, 15% cadre strength of Assistant Surgeons have been granted benefit of selection grade from time to time so as to maintain the total 15% of cadre strength of Assistant Surgeons getting benefit of selection grade. It has also been pleaded that prior to reorganization of the State of Chhattisgarh if the petitioners were entitled to senior scale of pay prior to 1/11/2000, that can be granted only by the State of Madhya Pradesh and the State of Madhya Pradesh has not been impleaded as party respondent, therefore, they are not entitled for any benefit for that period in absence of impleadment of the party i.e. State of Madhya Pradesh.