ASHOK KUMAR JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner is aggrieved order dtd. 26/5/2022 issued by Respondent No. 2 cancelling the order dtd. 29/10/2021 granting benefit of IIIrd time scale of pay to the petitioner in the pay scale of Rs.15600.0039100/- + 5400/- (matrix level 12) w.e.f. 1/7/2014 on the ground that the petitioner has refused to accept promotion offered to him on the post of Private Secretary way back in the year 2011 whereas the circular for grant of 3rd time scale of pay was introduced by the State Government on 30/9/2014 w.e.f 1/7/2014 and, therefore, the claim has been wrongly rejected.

(2.) Facts of the case draped in brevity are that the petitioner was promoted on the post of Stenographer to the post of Private Secretary in the regular pay scale of Rs.9300.00 34800/- + 3600/- by an order dtd. 6/5/2011 issued by Respondent No. 2, vide Sr. No. 1. Citing personal difficulties, the petitioner sought for relinquishment of his promotion order which was forwarded by Chief Engineer, PWD, Indore to the office of Respondent No. 2 by an order dtd. 15/6/2011. Accordingly, the Respondent no. 2 permitted the petitioner to relinquish his promotion order on the post of Private Secretary. The petitioner was not being granted benefit of IIIrd time scale of pay and therefore, he submitted a representation dtd. 27/7/2021 addressed to Respondent No. 2 and ultimately, the Respondent No. 2, by an order dtd. 29/10/2021 sanctioned the petitioner benefit of 3rd time scale of pay upon completion of 30 years of service. w.e.f. 1/7/2014, vide Sr. No. 1 in the then regular pay scale of Rs.15600.0039100/- +5400/- (revised to pay matrix Level- 12 w.e.f. 1/1/2016). The pay fixation of the petitioner was made in the aforesaid pay scale and the same was forwarded by the office of Respondent No. 3 to the office of Joint Director of Treasury and Accounts, Indore Division, Indore for its approval, vide letter dtd. 13/1/2022. Anticipating sanction of the aforesaid pay fixation, the petitioner stood retired from the post of Stenographer attaining the age of superannuation of 62 years w.e.f 31/5/2022 vide order dtd. 28/2/2022. Upon an objection raised by Joint Director of Treasury and Accounts, Indore Division, Indore, relying upon Circular dtd. 24/1/2008, Clause No. 13, the petitioner was found to be ineligible for grant of IIIrd time scale of pay upon completion of 30 years of service in terms of Circular dtd. 30/9/2014 and accordingly, the Respondent No.3 informed the Respondent No. 2 as well as to the petitioner about such ineligibility. Being aggrieved by the aforesaid communication, the petitioner preferred a representation dtd. 6/4/2022 to Respondent No. 2 but by the impugned order dtd. 26/5/2022, the claim of the petitioner for grant of IIIrd time pay scale has been rejected and the order dtd. 29/10/2021 in so far as it relates to the petitioner was also cancelled.

(3.) The respondents have filed the reply and submitted that the petitioner was granted promotion from the post of personal assistant to Personal Secretary in the year 2011 but he had forgo the aforesaid promotion. As per Clause 13 of the circular dtd. 24/1/2008, the petitioner is not entitled for IIIrd time scale pay in which it is clearly held that if an employee had forgo promotion, he would not be entitled in future for financial benefits of the higher payscale.