S.C.GOYAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner, who was working as a Branch Officer has filed this petition being aggrieved by the fact that they have been paid salary in the scale of Rs.2000-3500/- though he is claiming fixation and benefit of the salary in the scale of Rs.8000-13500/- in accordance with the circular of the State Government dated 27.8.1990 and the decision of this Court rendered in the case of Jindal Singh Veer vs. State of M.P. and Others, (W.P No.968/1996) decided on 23.7.1998 and Vivek Diwan and others vs. State of M.P. and others, (W.P No.2870/2001) decided on 10.3.2004.

(2.) The brief facts, leading to the filing of the present petition are that the petitioner was working on the post of Estate Manager/Branch Officer. It is stated that the pay scale of the aforesaid post was Rs.450-1150/- in the year 1981 which was subsequently revised to Rs.1000-1920/- by the Chaudhary Pay Commission and thereafter to Rs.1820-3300/-. It is submitted that as the scale of Rs.1820-3300/- was applicable to several posts including the post of Assistant Architect, Assistant Engineer, Estate Manager, Branch Officer, Public Relation Officer, etc. etc., therefore, while implementing the recommendations of the Vohra Pay Commission with effect from 1.1.1990, these posts were bifurcated and while the higher scale of Rs.2200-4000/- was prescribed for the posts of Assistant Architects and Assistant Engineers, a lower scale of Rs.2000-3500/- was prescribed for Estate Manager/Branch Officer and others. However, as several practical problems and complications arose in the implementation of the aforesaid bifurcated scale and as representations seeking clarification were sought from the State Government, the State Government issued a circular on 27.8.1990 clarifying the fact that the higher scale of Rs.2200-4000/- would be applicable to all those posts which were required to be filled up by direct recruitment and promotion both, while the lower scale of Rs.2000-3500/- would be applicable to those posts which were to be filled up 100% by promotion.

(3.) It is submitted by the learned counsel for the petitioner that Shri Jindal Singh Veer and Shri P. K. Sonwane who were directly recruited as Estate Managers filed W.P No.968/1996 before this Court claiming higher scale of Rs.2200-4000/- in accordance with the circular of the State Government dated 27.8.1990 on the ground that they were recruited directly on the post of Estate Manager and, therefore, in view of the circular of the State Government dated 27.8.1990 they were entitled to the higher scale. The aforesaid petition filed by them were allowed by this Court by 23.7.1998 in the following terms:-