LAWS(MPH)-2014-1-121

HARISHCHAND JAIN Vs. STATE OF M.P.

Decided On January 15, 2014
Harishchand Jain Appellant
V/S
State of M.P. and Ors. Respondents

JUDGEMENT

(1.) THE petitioner claims grant of regular pay scale from the initial date of appointment. The benefit is claimed by the petitioner in the light of the order passed by the Division Bench at Indore Bench of this Court, in W.A. No. 346/2008 (Smt. Usha Ranawat Vs. State of M.P. and others), dated 18 -12 -2008. By the aforesaid order passed, more than 25 writ appeals claiming similar benefits were decided and it was directed that the benefit of pay fixation in the regular pay scale from the initial date of appointment shall be made to the petitioner therein. In fact the Division Bench has upheld the orders passed by the learned Single Judge in various cases and while deciding the writ appeals in para -19 the following directions were issued by the Division Bench:

(2.) THIS Court also in a Division Bench decision in the case of State of MP and others Vs. Beni Singh Rathod, W.P. No. 648/2002, decided on 01.05.2002 has also affirmed the aforesaid decision, which is also applicable in this petition.

(3.) IN view of the above and the judgment delivered in the case as referred to herein above, this petition is allowed. The respondents are directed to extend the benefit of regular scale of pay granting the benefit of notional pay fixation since initial date of appointment of the petitioners within a period of three months from the date of communication of this order.