SHRIRAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a writ petition under Article 226/227 of the Constitution of India challenging the validity of the termination order dated 13.4.2000.

(2.) NECESSARY facts for the disposal of the present writ petition are as under. Petitioner was given appointment vide order dated 31.10.1990 on the vacant post of peon on payment of daily wages as per the rate fixed by the Collector. The initial appointment was for a period of 89 days. The said appointment was renewed from time to time. By order dated 9.6.1994, the petitioner was given w.e.f. 1.5.1994 regular pay-scale sanctioned for the post of peon on the work charged and contingency establishment and he was declared as member of the work charged and contingency establishment service. The pay-scale sanctioned for the post peon at that point of time was Rs. 750-945/-. Thereafter, the services of the petitioner were terminated by order dated 7.2.2000. It was challenged before the M.P. State Administrative Tribunal, Indore Bench in O.A. No. 524/2000. The said O.A. was allowed in terms of the order passed by the Tribunal on 29.2.2000 in the case of S.K. Ahir & 8 others v. The State of M.P. & others. In compliance of the order passed by the Tribunal, the matter was examined and scrutinized by the Screening Committee and thereafter by the order impugned dated 13.4.2000, the services of the petitioner were dismissed.

(3.) FOLLOWING the decision given in W.P. No. 7062/2003, this writ petition is allowed. The order impugned is hereby quashed. Since the petitioner is in service by virtue of the interim order passed by the Tribunal, therefore, respondents are directed to refix his salary at the proper stage in the sanctioned pay-scale which is prevalent for the post of peon on the work charged and contingency establishment. If the petitioner is out of employment then respondents shall reinstate the petitioner in service and fix the salary at the proper stage in the sanctioned pay-scale which is prevalent for the post of peon on the work charged and contingency establishment. However, it is made clear that upon reinstatement, the petitioner shall not be entitled to any arrears of salary on the principle of 'no work no pay'. Respondents are also directed to carry out the whole exercise within a period of three months from the date of communication of the order. In case upon pay fixation at the proper stage, petitioner is entitled to receive any difference of salary, the amount shall be paid to the petitioner within a period of three months, failing which it shall carry interest at the rate of 12%. Writ petition is accordingly disposed of. No order as to costs.