ANUSUYYA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition was originally filed by Bharatlal Sahu before this Court on 8 -10 -1986 and was registered as Miscellaneous Petition No. 8295/86, however, on the formation of Madhya Pradesh State Administrative Tribunal, the petition was transferred and on the abolition of the Tribunal, this petition has been received back to this Court for adjudication.

(2.) IT be seen that original petitioner Bharatlal Sahu is no more in this world to see the fate of his case as he breathed his last long back on 23 -11 -1992 and the eyes of his legal representatives including his widow, are waiting for the result of this petition.

(3.) BY taking the aid of abovesaid memorandum Annexure P/2, it has been contended by Shri Umesh Trivedi, learned counsel for the petitioners that for all purposes, all the Laboratory Attendants of various institutions working under non -collegiate side irrespective of their various pre -unified scales and qualifications were unified in pay -scale of Rs. 45 -100 and their pay -scales were further revised to Rs. 85 -140/ -. The contention of learned counsel for the petitioner is that petitioner served on the post of Laboratory Attendant at several places. He was confirmed on the said post on 1 -4 -1970 in pay -scale of Rs. 85 -140. On the commencement of new pay -scale, commonly known as Pandey Pay Scale came into force from 1 -1 -1972 and according to the revision of Pay Rules, 1973, the employees serving on the post of Laboratory Attendants who were getting old pay -scale of Rs. 85 -140 were benefited by the revised pay -scale of Rs. 169 -300 and accordingly petitioner was also benefited and fixed in the said pay -scale. The State Government on 7 -1 -1974 issued a G.A.D. Memo No. D -30 -1857 -1 -(3)PCC/74 stating therein that recruitment of Laboratory Attendants in future the minimum educational qualifications will be Higher Secondary (with Science Subject). According to the learned counsel for petitioner, adding the qualification of Higher Secondary with science subject cannot be given retrospective effect and for future only for those candidates who would be recruited must possess this qualification.