DILIP CHATURVEDI Vs. MPSEB

JUDGEMENT

(1.) Shri Akash Choudhary, learned counsel for the petitioner.

(2.) Learned counsel for the petitioner submitted that petitioner infact was appointed on the post of Assistant Librarian which is evident from the order of appointment dated 11-6-1990. The petitioner was granted the benefit of first higher pay-scale w.e.f. 30-6-2004 by an order dated 11-11-2004. It is also urged that the post of Librarian has no promotional avenue, therefore, the order dated 31-12-2005 by which the post of Librarian has been deleted from the list identified static cadre is patently arbitrary and is unfair. It is further submitted that circular dated 19-7-1990 by which, the policy of financial up-gradation was introduced by the erstwhile M.P. Electricity Board extending the benefit of financial up-gradation is in consonance with the decision of the Supreme Court in the case of Council of Scientific and Industrial Research vs. K.G.S. Bhatt, 1989 4 SCC 635 as well as State of Tripura and others vs. K.K. Roy, 2004 9 SCC 65. It is also urged that in light of aforesaid enunciation of law by the Supreme Court, an employee has the right to get second financial up-gradation in the absence of any promotional avenue. It is further stated that the impugned order dated 31-12-2005 is bad in law and is liable to be quashed and the petitioner is entitled to second higher pay-scale. In support of his submissions, learned counsel for the petitioner has placed reliance on the order dated 24-7-2012 passed by a Bench of this Court in W.P. No. 11268/2011.

(3.) On the other hand, learned counsel for the respondents has submitted that questions relating to constitution, pattern, nomenclature of posts, cadres, categories, their creation/abolition, prescription of qualifications and other conditions of service including avenues of promotions and criteria to be fulfilled for such promotions pertain to the field of policy and are within the exclusive discretion and jurisdiction of the employer. In support of the aforesaid submission, learned counsel for the respondent has placed reliance on the decision of Supreme Court in the case of P. V. Joshi vs. Accountant General Ahmedabad and others, 2003 2 SCC 632. Since the post of Librarian has been deleted from the list of identified static cadre and, therefore, the petitioner has no right to claim second up-gradation of pay.