UMA SHANKAR DWIVEDI Vs. M.P. ELECTRICITY BOARD

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is directed against the order dated 19.2.2011 by which the petitioner is communicated that he is not entitled to grant of higher pay scale on completion of requisite years of service as he was initially appointed in Co-operative Society which has been merged in the respondent/Board on 15.3.2002 with a clear stipulation that service conditions of the employees of the said Co-operative Society on merger in the M.P. Electricity Board would not be adversely affected or changed. It is stated in the said order that since there was no provision made in the service condition of the erstwhile Co-operative Society for grant of higher pay scale, the application of the petitioner is returned.

(2.) Though a rejoinder to such a stand taken by the respondents in their return has been filed by the petitioner but much or less the same facts have been stated. The additional return filed by the respondents is also on the same line. Only this much has been said by filing the document on record by the petitioner that the controversy involved in the present case has been put at rest by the co-ordinate bench of this Court at Gwalior and, therefore, the petitioner would be entitled to grant of relief claimed in the petition.

(3.) Heard learned Counsel for the parties and perused the record.