B. VERSHA KARANDIKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 04/04/2012 As common questions of law and fact are involved in all these 111 petitions, they were heard and are being decided by this common order. For the sake of convenience, pleadings and documents filed in Writ Petition No.2742/2012(S) - Dr. Ramesh Chandra Dixit Vs. State of MP and another, is being referred to in this order.

(2.) PETITIONERS, who are appointed in the Higher Education Department of the State of Madhya Pradesh in the year 1986, 1987 and 1989 under Rule 13(5) of the MP Educational Services (Collegiate Branch) Recruitment Rules, 1967 [hereinafter referred to as the 'Rules of 1967'] claim grant of senior pay scale and selection grade in accordance to the provision of the Schemes and Circulars issued by the University Grants Commission and as adopted by the State of Madhya Pradesh and incorporated in the M.P. Educational Service (Collegiate Branch) Recruitment Rules, 1990 [hereinafter referred to as the 'Rules of 1990'].

(3.) AFTER following the law laid down in the case of Dr. (Smt) Seema Raizada, various other cases were filed before the Tribunal and after winding up of the Tribunal, directly before this Court under Article 226 of the Constitution and when a petition bearing W.P.No.807/2007(S) - Dr. Sandhya Prasad Vs. State of MP, was allowed by a Single Bench of this Court on 13.7.2007, a writ appeal was filed by the State Government being Writ Appeal No.599/2008 before a Division Bench of this Court under section 2 of the M.P. Uchha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005. The Division Bench again took note of the judgments, the averments made by the State Government and the question of law was again reconsidered, and by a common order passed on 11.2.2010, more than 25 writ appeals challenging orders passed by the learned Single Bench were dismissed and after following the law laid down in the case of Dr. (Smt) Seema Raizada, benefit was directed to be granted to the Assistant Professors. Subsequently, various writ petitions were allowed by this Court, Writ Appeals were dismissed and after dismissal of the Writ Appeals, matter travelled to the Supreme Court at the instance of the 18 State Government. In all these writ petitions, 111 in number, which is being heard collectively, SLPs were filed before the Supreme Court by the State Government and at the time of hearing of this SLPs, it seems that voluminous documents were filed by the State Government in support of their contention and in rebuttal the Assistant Professors also filed various documents. In view of the fact that voluminous documents were filed before the Supreme Court, the Hon'ble Supreme Court thought it appropriate to remand the matter back to the High Court for fresh disposal in accordance with law and liberty was granted to the parties to produce all the documents on which they want to rely upon. The Hon'ble Supreme Court further directed the Chief Justice to entrust the matter to a Bench at the Principal Seat, Jabalpur, so that all the matters can be decided by a common order.