PARASRAM KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed by petitioner Parasram Kushwaha for quashment of the order dated 6/4/2013 (Annexure P/8) passed by the Assistant Commissioner, Tribal Welfare Department, District Khargone, M.P.

(2.) BRIEFLY stated; the facts of the case in nutshell are that the petitioner has preferred this petition against the order Annexure P/3 by which the pay as was fixed by the order dated 14/5/1996 (Annexure P/2) has been stayed and not granting the benefit of regular pay scale (contingency pay) and Annexure P/8 rejection of representation order dated 6/4/2013. Whereas as per Govt. circular dated 17/3/1978 and the orders of the Hon'ble Court, the petitioner is entitled for the regular pay scale, after completion of 5 years service from the date of initial appointment. Counsel for the petitioner has urged that, the petitioner was entitled for the declaration as permanent employee and has been entitled for the benefit of regular pay scale (contingency paid) after completion of 5 years service from the date of initial appointment, but on the basis of wrong interpretations and without making difference between daily wagers and employees of the contingency paid & Work Charge establishment, the respondents are not granting the benefit of regular pay scale, after completion of 5 years service from the date of initial appointment.

(3.) CONSIDERING the above submissions, I find that the matter of Laxmibai w/o Babulal Devrai vs. State of M.P. and others (W.P. 6437/2009(s); under identical conditions this Court was pleased to hold that the petitioner cannot be discriminated in the matter of grant of regular pay scale as has been granted to Baliram Baghel and other identically placed persons. Resultantly, the present writ petition is also allowed. The impugned order dated 17/12/2008 is hereby quashed. The petitioner shall be entitled for notion fixation of salary and shall also be entitled for arrears of salary w.e.f. 2/9/09 i.e. from the date of filing from the date of filing of the present writ petition. In Writ Petition No.6437/2011 (Smt. Laxmibai w/o Babulal Devrai vs. State of M.P & . others) Hon'ble Single Judge of this Court had allowed the petition, but the actual benefit of pay has not been granted from the date of entitlement i.e. 14/5/1996 and the hence she filed a Writ Appeal No. 88/2011 to meet the ends of justice. And the Division Bench has held as thus: