R.S. SIKARWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The pivotal controversy that arises in this batch of writ petition pertains to fixation of pay in the Department of School Education and applicability of F.R. 22 -D of the Madhya Pradesh Fundamental Rules. Though the factual scope in different cases would be different issue of law that would govern the lis in each case being the same, the batch of cases was heard analogously and is disposed of by this common order.

(2.) TO appreciate the real expose of facts, it is appropriate to adumbrate the factual scenario presented in W. P. No. 19237/2003. The petitioner was initially appointed in the post of Assistant Teacher with effect from 24 -8 -1961 and posted at Primary School, Bara, District, Morena. He was allowed to have the benefit of time -bound scheme after completion of 12 years as per the recommendations of the Departmental Promotion Committee with effect from 1 -1 -1986 vide order No. 1027, dated 5 -2 -1991. His name featured at Sr. No. 430 in the said order. He was given his first promotion on the post of Headmaster (PS) vide order No. Estt/41/95/96/33, dated 6 -1 -1996. His name found place at Sr. No. 56 in the said order. He joined duty on the post of Headmaster on 11 -1 -1996. Though the petitioner was promoted yet the authorities used the word 'posted'. The petitioner carried out the duties and responsibility of the higher post and discharged the duties with devotion and dedication. It is put forth that the petitioner was treated to be promoted by order dated 12 -2 -1999 as is reflected from the order dated 12 -2 -1999 passed by the Deputy Director, Education, Annexure -A/3. As he did not get benefit under FR 22 -D he submitted a representation vide Annexure -A/4 but he was deprived of the said benefit by the respondents on the ground that he was not promoted but posted. It has been putforth that he was getting the pay -scale of Rs. 92 -170 as an assistant teacher in the year 1961 and was allowed to have the benefit of time -bound scheme with effect from 1 -1 -1986. Thereafter he was promoted to the post of Headmaster (PS) in the pay -scale of Rs. 1200 -2040 with effect from 11 -1 -1996. It is grievance of the petitioner that on promotion to the Post Headmaster (PS) his pay ought to have been fixed keeping in view the pay -scale of the Assistant Teacher. It is his further grievance that he has not been given the benefit of fixation of pay as per FR -22 -D in the post of U.D.T. (MS). It is contended that the Finance Department issued an order No. 1023/437/98/C/TV, dated 25 -5 -1998, Annexure -A/7 stating, inter alia, that the benefit of fixation of pay of time -bound scheme would be given to the employees either under FR 22(a) (ii) or under FR -22 -D whichever is more beneficial but in the case of the petitioner though FR 22 -D would have been more beneficial his pay has been arbitrarily fixed under FR 22(a)(ii). A reference has been made to the feeder cadres and promotion cadres as contained in Annexure -A/8. The said document indicates that the post of assistant teacher (PS) is the feeder cadre of Headmaster (PS) and Headmaster (PS) is feeder cadre of UDT (PS). It is averred in the petition that in the case of Smt. Kunti Saxena v. State of M.P. and others (O.A. No. 224/1992) it has been held that whenever an employee is promoted to discharge the functions of a higher post with greater responsibility, even if the pay -scale of feeder cadre and promotional post is identical, the employee has to be paid the advantage of FR 22 -D. The said order, as pleaded, was assailed in limine. There is also reference to the orders passed in the cases of Kaushal Kishore Pandey v. State of M.P. and others (O.A. No. 2540/1999) and U. R. Sharma v. State of M.P. (O.A. No. 2541/99) to bolster the stand.

(3.) A rejoinder affidavit has been filed stating, inter alia, that the annexure -A/8, the rules which mention with regard to the feeder cadre and promotional cadre categorically stipulates about the same and the petitioner is totally covered by the law laid down in the case of Smt. Kunti Saxena (supra) as the petitioner was promoted to the post of Headmaster, vide Annexure -A/2 and a clarification was issued in that regard by the Deputy Director, Education, Bhind, dated 12 -2 -1999, Annexure -A/3.