RAJARAM PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) This order will also govern the disposal of W.P.No.20041/2011(s), W.P.No.20043/2011(s), W.P.No. 20045/2011(s), W.P.No.20046/2011(s), W.P.No.20047/2011(s) and W.P.No.20048/2011(s), as the common question is raised in all these writ petitions and all petitions have been heard together. For the purposes of this order, the facts are taken from Writ Petition No.20038/2011(s).

(2.) The controversy involved in the present petition is whether the policy made by the State Government for grant of time scale pay as circulated on 24.1.2008 contemplates a condition to screen the cases of those for the purposes of grant of second upgradation afresh taking into account their last five years' ACRs or not in case they have been granted the first upgradation in the time scale pay under the very same Scheme. This particular aspect is required to be considered because by the orders impugned dated 28.2.2011 and 5.9.2011, it is communicated to the petitioner that since he has not been found fit by the Committee for grant of second upgradation in the pay scale, his claim is rejected.

(3.) Facts giving rise to this petition in short are that the State Government was seriously considering to grant benefit of upgradation in the time scale pay to its employees on completion of certain years of service. In view of the recommendations made by various Pay Commissions, it was felt by the State Government that if an employee is appointed initially on one post in a particular pay scale and if he remains working in particular pay scale for a long period, without any opportunity of promotion, it would not be proper as the stagnation in one post in one pay scale may kills the desire to achieve excellence in the service. In view of the law laid down by the Apex Court in several cases wherein it was held that in service career an employee must get two opportunities of upgradation or promotion and such avenues should be provided, the State Government formulated the policy of grant of Kramonnati and circulated the same on 17.3.1999/19.4.1999. There were certain changes made in the said Scheme. It was provided in the said Scheme that on completion of 12 years of service in one pay scale, the next higher pay scale would be granted to the employee concerned in case he has not been given any promotion for the aforesaid period of 12 years. A further upgradation in the pay scale was provided in case the employee completes 24 years of service without any promotion. However, looking to the fact that there were limited posts available for promotion and in number of occasions, it was seen that the lower cadre employees never gets the opportunity of promotion, the State Government formulated a new policy commonly known as