LAWS(MPH)-2010-2-38

LOKENDRA KUMAR AGRAWAL Vs. STATE OF M P

Decided On February 23, 2010
LOKENDRA KUMAR AGRAWAL Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Appellant has filed this Writ Appeal against the order dated 14-9-2009 passed by the learned Single Judge of this Court in Writ Petition No. 774/2009 (s).

(2.) Appellant filed the aforesaid Writ Petition before this Court challenging order dated 18-9-2007, by which the benefit of time bound promotion pay scale granted to the appellant of Rs. 4500-7000 has been withdrawn and the pay of the appellant has been fixed in the pay scale of Rs. 4000-6000.

(3.) The appellant was appointed as Lower Division Clerk by an order dated 28th September, 1981. In the year 1987 he passed the examination of Subordinate Accounts Services. Thereafter, the appellant has been granted benefit of time bound promotion pay scale under the Time Bound Promotion Scheme vide order dated 21st March, 2006 and he was placed in the pay scale of Rs. 4500-7000 w.e.f. 19th October, 2005. Thereafter, the appellant was considered and promoted to the post of Head Clerk vide order dated 2nd July, 2007. He refused to join on the post of promotion as Head Clerk and on his refusal to joint on the post of promotion vide an order dated 11th December, 2008 the benefit of time bound promotion pay scale granted to the appellant has been withdrawn and his pay has been fixed in the pay scale of Rs. 4000-6000. As per the appellant, the action of the respondent-Department in withdrawing the benefit of time bound promotion pay scale to the appellant is arbitrary and illegal.