SHOBHITE UPADHYAY Vs. STATE OF MP AND ORS.

JUDGEMENT

(1.) PETITIONER was appointed as Assistant Professor of English under Rule 13(5) of the Madhya Pradesh Educational Service (Collegiate Branch) Recruitment Rules, 1967 (hereinafter referred to as 'the Rules of 1967') on the basis of merit consequent upon selection through advertisement vide order dated 8/11/1989 in the UGC pay -scale and joined on 26/12/1989 at Government Girls College, Datia. At the time of filing of this petition, the petitioner was posted at Government (Adarsh) Science College, Lashkar, Gwalior. As such, petitioner is serving on the aforesaid post under the Department of Higher Education, Government of M.P. Petitioner's continuance on the aforesaid post is followed by her selection by Public Service Commission vide order dated 18/3/1994.

(2.) AS per the circular of the Department of Higher Education, Government of M.P., dated 11/10/1999, Assistant Professor possessing M.Phil degree is entitled for senior grade (3000 -5000/10,000 -15,200) pay -scale after completion of five years of service provided he has attained one orientation and one refresher course. Likewise, after completion of ten years of service and attaining two more refresher courses he is entitled to get selection grade (12,000 -18,300) pay -scale.

(3.) RESPONDENTS by filing counter -affidavit have not disputed the aforesaid facts and the sole contention advanced is that against the judgment rendered by the Division Bench of this Court under similar circumstances, SLP has been preferred before the Supreme Court and prayed that petitioner cannot be held entitled to for the judgment passed by the Division Bench unless SLP filed by the State Government is dismissed by the Supreme Court.