LALIT KRISHNA AWASTHY Vs. STATE OF M.P.

JUDGEMENT

(1.) THE grievance of the petitioner is that he was appointed on the post of Sub Engineer on 7.7.1965 and had completed 20 years of service in the year 1985 and was, thus, entitled to grant of higher pay scale as was prescribed by the State Government, on completion of 20 years of service. Instead of granting the said benefit from the aforesaid date, by order dated 25.6.2003 Annx.P/1, it was stated that the petitioner would get the benefit of higher pay scale with effect from 14.12.2000 and not with retrospective effect when it become due on completion of 20 years services. It is contended that such an order was erroneously issued, inasmuch as, the benefit was made available to the employees like petitioner from the date they have completed 20 years of service. It is, thus, contended that the order impugned in so far as the date of giving benefit of higher pay scale is concerned, is bad and the respondents are liable to be commanded to make payment of arrears of salary on the higher pay scale to the petitioner from the date he had completed 20 years of service.

(2.) A return has been filed by the respondent No.2 and it is contended that the State Government has issued a circular extending the benefit of higher pay scale of Rs.2200-4000/- revised pay scale of Rs.8000-13,500/- to those Sub Engineers and draftsman who have completed 20 years of service, with effect from the date of order. Since the order itself was issued on 14.12.2000 Annx.R2/1, the petitioner was given the benefit of higher pay scale from this date. It is contended that since this has been done in rightful manner in terms of the order of the State Government, no fault can be found against the action of the respondents. It is contended that the State Government is competent authority under the provisions of Section 58 of the M.P. Municipal Corporation Act, 1956 (hereinafter referred to as the Act brevity) to grant approval of such pay scale and, as such, the respondent No.2 is bound by the order of the State.