PANNALAL TAYAL Vs. STATE OF M P

JUDGEMENT

(1.) This is a second appeal by the plaintiff arising out of a suit pertaining to service matter regarding his seniority and fixation of pay,

(2.) The plaintiff-appellant was appointed as a clerk on 14-10-1947 in the former State of Gwalior. He served in the Food Department of the former State of Madhya Bharat upto 31-3-54. On 1-4-54 he was retrenched from that department, taut was absorbed on the post of Upper Division Clerk in the Tahsil Office at Shiv-puri on 5-10-54 in the grade of Rs. 50-3-80. Thereafter, he was transferred to the Treasury Shivpuri and worked there as Upper Division Clerk upto August 1957. In the provisional integration list of employees of the Treasury of Madhya Bharat he was shown as a confirmed Treasury Accountant and his name appeared at serial No. 17 vide Ex. P-7. In the final gradation last (Ex. P-9) also the plaintiff was included in the gradation list of Accountants at serial No. 17. In the provisional list he was shown in the grade of Rs. 120-250, but in the final gradation list he was shown in the scale of Rs. 100-200. The contention of the plaintiff is that he was entitled to the grade of Rs. 120-250 and his pay in the unified revised scale of Accountants should be fixed accordingly. He has also claimed that in the final gradation list, he should have been shown at serial No. 13 and not at No. 17. He, therefore, filed a suit seeking a declaration in respect of the aforesaid masters.

(3.) The trial Court decreed the claim regarding fixation of pay, but his claim regarding seniority was dismissed. The appellant, however, did not file any appeal against the dismissal of his claim regarding seniority and as such the question of seniority is no longer in issue in this appeal.