RADHIKA PRASAD KHARE Vs. STATE OF M P

JUDGEMENT

(1.) BEING aggrieved by the order dated 27-3-2002 passed by the learned Single Judge in Writ Petition No. 6488/2001, appellant has filed this letters patent appeal under Clause 10 of the Letters Patent.

(2.) BRIEF resume of the facts required to be stated for disposal of the appeal is that the appellant was initially appointed in the service of respondent No. 2 as a daily rated employed to drive the vehicle and his service was regularised on the post of driver with effect from 1-1-76. In the year 1979 appellant was sent by the respondent No. 2 for training in fire fighting and on completion of his training, he was promoted as fire Superintendent in the year 1983. He was in the pay-scale of 1200-1800. The administrator of respondent No. 2 on 5-1-88 resolved that the appellant be granted pay-scale of Rs. 1540-2740 subject to the sanction by the State Government. This resolution was forwarded to the State Government for approval but no approval was received.

(3.) APPELLANT requested respondent No. 2 that in anticipation of approval by the state Government of new pay-scale as per resolution of the administrator, he may be given the enhanced pay-scale. He furnished an undertaking that in case the State Government does not approve the proposed pay-scale, the amount of excess payment may be recovered from him.