STATE OF M.P. Vs. VIRENDRA KUMAR SAXENA

JUDGEMENT

(1.) RESPONDENT Virendra Kumar Saxena was appointed on the post of lower divison clerk in a regular pay scale vide order dated 28th July, 1979. However, he could not complete his probation within a period of two years, therefore, period of probation was extended by one year. He completed his probation in the extended period and he was declared as permanent on the post of lower division clerk with effect from 1.1.1994 vide order dated 31.1.1994. After the respondent was declared permanent on the post, increments were paid to him. Respondent submitted that he is also entitled for increments on completion of one year's service after he joined in August, 1979. Claim of the respondent was opposed by the petitioner on two grounds, firstly, that the claim of the respondent is time barred and secondly since the respondent has not completed the probation within a period of two years, therefore, he will be entitled for increments after successful completion of probation. Tribunal held that claim is not barred by limitation. Denial of increment has resulted into payment of less salary and the respondent has recurring cause of action and so long as the respondent gets lesser salary, he gets fresh cause of action every month. As regards grant of increments, Tribunal relied upon its judgment in the case of Dr. P.L. Malik v. State of M.P. and others (TA No. 1543/88, decided on 30.7.1990) and held that increments could not be denied even for ad hoc employees, therefore, the respondent is entitled for increments during the period of probation.

(2.) COUNSEL for the petitioners submitted that claim of the respondent before the Tribunal was not maintainable under section 21 of Administrative Tribunals Act, having been filed beyond the period of one year from the date of actual cause of action accrued in the year 1980. Counsel for the petitioners further submitted that the respondent has failed to complete the probation within a period of two years, therefore, as per Rule 8 (7) of the M.P. Civil Services (General Conditions of Services) Rules, 1961, (hereinafter, referred to as the "Rules") his services shall be counted from the date of his confirmation. Respondent was regularised on successful completion of probation with effect from 29.7.1982, therefore, he will be entitled for increments from July, 1983 onwards and previous period shall be treated to be temporary service and temporary employees are not entitled for increments.

(3.) AS regards fixation of pay and grant of increments is concerned, it has been settled by the apex Court that payment of salary and improper fixation of salary is perpetual cause of action and an employee can ask for settlement of his salary at any time so long as he is getting salary from the State. Therefore, it is held that the application filed before the Tribunal was well within limitation.