RAJENDRA KUMAR JOSHI Vs. GENERAL ADMINISTRATION DEPARTMENT

JUDGEMENT

(1.) Heard. Petitioner has filed the present petition seeking a direction to the respondent to grant the benefit of 5th and 6th pay commission.

(2.) Petitioner was initially appointed in Oil Seed Corporation Federation on 26/10/1987. Since the said Federation went into liquidation, therefore, vide order dated 19/09/2003 the petitioner was sent on deputation to Jila Panchayat, Khandwa. There after vide order dated 15.06.2007, the petitioner was transferred to Jila Panchayat, Burhanpur (M.P). During the said deputation period, vide order dated 03.09.2014 the petitioner was absorbed under the Panchayat and Rural Development Department as Assistant Development Extension Officer. The petitioner was paid the salary on the basis of recommendation of 4th Pay Commission. Petitioner submitted the representation to the respondent for grant of benefit of 5th and 6th Pay Commission. The State Govt. vide Gazette notification dated 28.2.2009passed the M.P. Pay Revision Rules, 2009 for grant of benefit of 5th and 6th Pay Commission. When the said benefit was not extended to the petitioner, he has filed the present petition before this Court.

(3.) Similarly placed persons appointed in Oil Federation were sent on deputation to various Government departments and they were granted the benefit of 5th and 6th Pay Commission. Later-on the state government withdrew the same which became the subject matter of various writ petitions before this Court. One of the writ petition bearing No. 5680/2009(s) W.P. No.16981/20182 Umeshchand S/o Late Shri Shankarlal Dubey vs. State of M.P. and others (Dinkar Pratap Singh Chouhan Vs. State of M.P.) was decided on 21.7.2011 in favour of the petitioner and thereafter Writ Appeal filed by the State Govt. has been dismissed and thereafter the SLP No. 31673/2011 has also been dismissed. By placing reliance over the aforesaid decision, one writ petition filed by Yashwant Aphle had also been allowed vide order dated 26.8.2013 passed in W.P. No.7725/2009 and recovery of amount was quashed.