KAMAL SINGH MANIK Vs. NARMADA VALLEY DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By this petition under Article 226 of Constitution of India, the petitioner Kamal Singh Manik prayed for issuance of an appropriate writ, order or direction directing the respondents to pay the minimum of pay scale, as per the recommendation of the 5th & 6th Pay Commission.

(2.) Briefly stated the facts of the case are that the petitioner was appointed as a Copying Assistant Grade III w.e.f. 1993 under the Narmada Valley Development Authority and the petitioner has been appointed against the clear vacancy and sanctioned post, which is an instrumentality of the State of Madhya Pradesh and since then he is continuously working with the respondents, Counsel submitted that the petitioners are working for more than 20 years and he was granted the benefit of 5th Pay Scale for some time i.e. reflected from Annexure P/4. Thereafter number of daily wager were retrenched along with petitioner from service but after sometime they all were taken back in service. After taking back in service the petitioner has not been granted the benefit of 5th & 6th Pay Scale. Counsel has further stated that in case of rest of the employees respondents have granted them minimum of the pay scale, as per recommendation of the 5th and 6th Pay Commission. Counsel for the petitioner placed reliance on Sunil Kumar Vs. The State of M.P. in WP No.3415/15 whereby this Court has held thus: -

(3.) The Court also placed reliance on Kishori Lal Prajapati and others Vs. State of M. P. and others in WP No. 5332/2010(s) whereby the ratio has been upheld. Counsel prayed that the similar benefit be granted to the petitioner.